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    "title": "Justice - Personnel Attorney General (1)",
    "citationUrl": "https://catalog.archives.gov/id/4520629",
    "collections": [
        "Philip W. Buchen Files",
        "Philip Buchen's General Subject Files"
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        "Presidential appointments"
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    "coverageEndDate": {
        "logicalDate": "1975-01-01",
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        "year": 1975
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        "logicalDate": "1974-10-01",
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        "year": 1974
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    "ocrText": "The original documents are located in Box 24, folder \"Justice - Personnel Attorney General\n(1)\" of the Philip Buchen Files at the Gerald R. Ford Presidential Library.\nCopyright Notice\nThe copyright law of the United States (Title 17, United States Code) governs the making of\nphotocopies or other reproductions of copyrighted material. Gerald R. Ford donated to the United\nStates of America his copyrights in all of his unpublished writings in National Archives collections.\nWorks prepared by U.S. Government employees as part of their official duties are in the public\ndomain. The copyrights to materials written by other individuals or organizations are presumed to\nremain with them. If you think any of the information displayed in the PDF is subject to a valid\ncopyright claim, please contact the Gerald R. Ford Presidential Library.\nSome items in this folder were not digitized because it contains copyrighted\nmaterials. Please contact the Gerald R. Ford Presidential Library for access to\nthese materials.\nDigitized from Box 24 of the Philip Buchen Files at the Gerald R. Ford Presidential Library\nLevi's View of Law an Enigmatic Web\nBy Orr Kelly\nspeeches he has written\nof dealing with the right-\nOtherwise we do not\nStar-News Staff Writer\nover the last 38 years offer\nness or wrongness of the\nmake use of the process\nfew real answers but many\ndecisions, Levi begins his\nwhich not only reflects but\nReading Edward Hirsch\nuseful clues\ndiscussion with an account\nhelps create a collective\nLevi is like watching a\nAbout the closest he ever\nof a debate on morals and\nmorality,' he says, and\nspider spin its web.\ncomes to a strong, firmly\nthe criminal law begun 14\nwe are on our way to an im-\nHe first outlines the area\nstated opinion on a matter\nyears earlier in a lecture at\npairment of that morality\nthe web will encompass, at-\nof public controvery is a\nthe British Academy.\nand a widening gap be-\ntaching the first thin\ncomment on the death\nBut, if the article does not\ntween the people and the\nthreads securely at strate-\npenalty contained in a\nreveal Levi's personal view\nlaw.\ngic points. And then back\nspeech to the New York Bar\non abortion or repeat his\nand forth he goes, weaving\nAssociation in 1969:\nopinion on capital punish-\nDURING his career, the\nan intricate network from\nment, it, like his other writ-\n62-year-old Levi has been a\nwhich no idea can struggle\n\"The more dramatic the\nings, gives an insight into\nlaw professor, government\nfree.\ncriminal trial, probably the\nthe workings of his mind. In\nofficial and trial lawyer (ãs\nLawyers at, the Justice\nless it fulfills its proper pur-\nthis case, he displays his\nfirst assistant in the Justice\nDepartment have been\npose. The function of the\nreading Levi's writings in\ndeath penalty at the present\nstrong feeling that the com-\nDepartment's antitruşt divi-\ntime is largely to increase\nmunity's moral consensus is\nsion during World War II),\nthe last few weeks for clues\nbetter expressed through\nhead of a law school and\nto his thinking on issues and\nthe dramatic element. It\nthe way his mind works, be-\nhovers over the entire\nlegislation than through the\nuniversity president. In all\ncriminal system as a sym-\nkind of judicial decisions\nof his writings, his concern\ncause he appears before\nreached in the Supreme\nand respect for the law\nthe Senate Judiciary Com-\nbol of harshness unaccept-\nmittee today and probably\nable in the modern world,\nCourt decisions.\nSee LEVI, A-6\ntomorrow, and, shortly\ninappropriate in a society\nafterwards, in all likelihood,\nwhich must diminish vio-\nwill become the new at-\nlence. Its effect is directly\ntorney general of the United\ncontrary to what should be\nStates.\ndesired, and its persistence\nis an example of legislative\nFOR THOSE who have\ninaction thwarting the mes-\nbeen looking for opinions\nsage of the law\nthat tell how Levi, now the\nMore typical of Levi's ap-\npresident of the University\nproach is an article in the\nof Chicago, will deal with\nWashington and Lee Law\nspecific issues when he re-\nReview in the fall of 1973 on\nplaces William B. Saxbe at\nthe recent Supreme Court\nthe Justice Department, the\ndecisions on capital punish-\n98 books, articles and\nment and abortion. Instead\nFORD\nGERALD\nLIBRARY\nBold Baxter\nNeal &Blen\nMagnficint Seyarb\nTrustees have and for Emith to stay beyond 65, in history\nvery vignous\n1st Time\nChicago school '1 but not hrok-line & Sinker\n(one ye at (Ambride)\nNo negative\nFORD is LIBRARY\nVEd wash\nGrowald\n(212) 288 8020\nButel\nWonderful;\nHenry Friends\nDecent, level headed, sound\nWalter Traynn schaffer\nALI Council: not ontapoion, but never WAO ; self assumed\nBruce Nichals\nPhilp PhilpTone Tone\nBill webater 8th Cir\nwell-bled\nAble\nGerry Gunther Admunble choice\nToo tough minded ? yet slems to chi\nFust hand confum unform high regard etalying at\nDNo reservations\nRm Hammmnd Great! chalets\nRoban\n[Bermon reaction always character\nNot constantly that way. Superb on his feet\nNow an executive. Will get best people\nChicago trying to keep him on\nHas dellt of pllma drines ; has a OAVY fa prestige\nVery Rt wny hont be happy but less than dnyone of his Type\nHAMMON 1 CA- line up some very can Nixm supports to support him\nGroundon\nLevi\nSurprise of lavor\nEntrandinovy Good\nvery high\nExallit adm. at Chicago\nUndertand cuttom, but mostly Nubbed off. Statent Unit dealtwish\nGet t out of politics\nNot an ideologue m dny the\nLIBRARY GERALD ? FORD\nITEM WITHDRAWAL SHEET\nWITHDRAWAL ID 01264\nCollection/Series/Folder ID\n: 001900273\nReason for Withdrawal\n:\nDR, Donor restriction\nType of Material\n: NOT, Notes\nCreator's Name\nDescription\n: Buchen, Philip\n:\nered for Attorney General.\nNotes on individuals being consid\nCreation Date\n: 12/1974?\nDate Withdrawn\n: 06/23/1988\nsanitized version gened 1.7.91\nDAY\nThis is a sanitized photocopy of the Otiginal document\nFord Library 2.7.91\nGERALD LIBRARY R. FORD\nPaul Freund\nTremendors arcess as Dedn of Pres. Harmong factor\nEverything know top match first rate\nInspired choice\ngaining complexe fall -\nNat very actuc at ALI concil mtg\nAl Sacks\nExcellent Cong posible Q.)\ni\nEnormous regad: abilit, toughous, judget\nFind out: whether too mach \"toughter\", Rigidity, Uniting to see others pt of view\nNatsaying to a problem.\n2nprago: very good account of human If\nChi a manolethic quality\nStool for idea + made Hem come through\non issue, pritty for removed\n(whe evening)\nfrom meet priv. college\nLO R. FORD LI\nBorn 1411 = 65\n51\nP. Bator\nTremendor succer in both academic jobs\nWonderful, emotionally\nEd. Kitch (Gont)\nFrank Alden\nWally Blum\nPon't know enuf\nErwin\nBell Baxter\nDont know him personally\nGERALD LIBRARY R. FORD\n(w. Blum)\noff hand, splendid\nP. Neal.\nErnest Brown\nBrinn\nMAYe Meye\nHighly regarded as scholl pen\nP.Neal\nBob Stem\nEveyone thinis highly of him\nErwin.\nsplended ucered h Acad + Intell Comm\nBredster.\nEffective Dedn. t Preo.\n(312) 78- 06\nBob Stein\nAbilet Cegal &Adm\nveryhigh about 60\nNed/Rahl\nMagnilicent appt.\n7th Cir.\nHAsn't been delive ora large faminy years\nme\nThis is a sanitized photocopy of the otiginal document.\nFord Library 17.91\nRm Birman\nSteadier than that\nSome kind of plant Unes: Cidncicy &tired : painful back condition\nPersonal Observation my be uncebable , incomplete\nProbs could go away + the\nGeorge shilts Bullidnt (via Rundeld)\nsplen did manager\nA bit preckly\n(Cant tell what his thinking)\nRockefeller (favors) (Nia DR\nBERALDR.\nFORD\nTIBRARY\nFORD i LIBRARY\n1879\nWHO'S WHO IN AMERICA\nN.Y.C., Dec. 28, 1911; 5.\nNew Eng. Pathol. Soc.; hon. mem. Pacific Dermatol. Assn., Austrian,\nA. Bklyn. Coll., 1934; M.A.,\nBrit., Danish, Finnish, French, German, Greek, Indian. Italian,\n1960), 1959, Literature, Philosophy and the Imagination, 1962,\n27. 1936; children-Conrad,\nJapanese, Polish, Venezuelan, Yugoslav dermatol. socs. Episcopalian.\nHumanism and Politics, 1969, The Humanities Today, 1970. Home:\nR. Bklyn., S.J. Tilden High\nClub: Harvard (Boston). Author: Histopathology of the Skin, 4th edit.,\n7003 Waterman Av S: Louis MO 63130\neatre, TV, 19+6-; star Sam\n1967; Pemphigus and Pemphigoid, 1965; (with Ken Hashimoto)\nwo for the Money. 1955-56;\nAppendage Tumors of the Skin, 1969. Mem. editorial bd. Archives of\nLEVI, CARLO, writer, artist; b. 1902; studied medicine. Banished to\nis Show Business, 1951-54;\nDermatology, 1963- Home: 780 Boylston St Boston MA 02199\nSo. Italy during Fascist regime; dir. L'italia Libera, daily, Rome, Italy,\nso several guest appearaces.\nOffice: New Eng Med Center Boston MA 02111\n1945-46; contbr. articles and drawings to L'Italia Socialista, 1947-13,\nChildren, Nat. Assn. Pub.\nLa Stampa, 1949-. Author: Christ Stopped at Eholi, 1945; Paura\npres. Citizens Scholarship\ngovs.). Author: Everything\nLEVERENZ, OSCAR TAYLOR, accountant; b. Milw., May 15,\ndella liberta, 1946; Le Parole sono Piele, 1955; II Futuro Ha Un Cuore\n1919; Oscar and Mary E. (Taylor) L.; B.A., U. Wis., 1940; postgrad.\nAntico, 1956; others. Address: Via di Ruffo 31 Rome Italy*\nNorthwestern U., 1946-47; m. Marjorie Jean Peterson, Jan. 17, 1942;\n1 son, Richard T. Mem. staff Arthur Andersen & Co., Chgo., 1945-51,\nLEVI, EDWARD HIRSCH, univ. pres., lawyer; b. Chgo., June 26,\nofficer: b. N.Y.C., Nov. 12,\n1911; Gerson B. and Elsa B. (Hirsch) L; Ph.B., U. Chgo., 1932, J.D.,\nB.B.A., Coll. City N.Y.,\naudit mgr., Dallas, 1951-56, partner charge Ft. Worth Office, 1962-66,\n1966; in. Marilyn Carroll\ndir. Western U.S. operations, 1966-70, mng. partner Denver office,\n1935; J.S.D., Yale (Sterling fellow 1935-36), 1938; LL.D., U. Mich.,\n1970-. sec., treas., dir. Republic Natural Gas Co., Dallas, 1956-61.\n1959, U. Cal. at Santa Cruz, Jewish Theol. Sem. Am., U. la., Brandeis\nil Catherine, Jenifer Falk.\nlant, 1940-42; joined U.S.\nMem. nat. bd. dirs. Jr. Achievement, 1968. Served to It. USNR,\nU., Lake Forest Coll., U. Rochester, Loyola U., Chgo.; L.H.D.,\n1941-45. C.P.A., Tex. Mem. Am. Inst. C.P.A.'s, Financial Execs.\nHebrew Union Coll., U. Rochester, U. Toronto, Loyola U.; m. Kate\nrance. 1945-47, Nanking,\nInst., Am. Accounting Assn., Phi Kappa Sigma. Home: 480 S Marion\nSulzberger, June 4, 1946; children-John, David, Michael. Asst. prof.\n2. State Dept., 1952-54,\nPkwy Denver CO 80209 Office: 1700 Broadway Denver CO 80202\nU. Chgo. Law Sch., 1936-40, prof. law, 1945-, dean, 1950-62,\nberia. 1959- 61; exec. dir.\nprovost univ., 1962-68, univ. pres., 1968-; Thomas Guest prof. U.\nDept., 1962-66, Bur. Latin\nfor adminstrn., Caracas,\nLEVERETT, MILES CORRINGTON, nuclear engr.; b. Danville,\nColo., summer 1960; spl. asst. to atty. gen. U.S., 1940-45; 1st asst. war\ndiv. Dept. Justice, 1943, 1st asst. antitrust div\nerved with AUS, 1942-45;\nIII., Dec. 18, 1910; S. Warren H. and Joanna (Corrington) L.; B.S.,\ninterdepti. com. on\nLegion, City Coll. Alumni\nKan. State Coll., 1931; M.S., U. of Okla, 1932; Sc.D., Mass\npt State Washington DC\nTech., 1938; m. Nancy Walker Out\nMarathon\n1879\nWHO'S WHO IN AMERICA\nN.Y.C., Dec. 28. 1911; S.\nNew Eng. Pathol. Soc.; hon. mem. Pacific Dermatol. Assn., Austrian,\n4. Bklyn. Coll., 1934; M.A.,\nBrit., Danish. Finnish, French, German, Greek, Indian, Italian,\n1960), 1959, Literature. Philosophy and the Imagination, 1962,\n27. 1936; children-Conrad,\nJapanese, Polish, Venezuelan, Yugoslav dermatol. SOCS. Episcopalian.\nHumanism and Politics, 1969, The Humanities Today, 1970. Home:\na., Bklyn., S. J. Tilden High\n7008 Waterman Av St Louis MO 63130\nClub: Harvard (Boston). Author: Histopathology of the Skin, 4th edit.,\neatre, TV, 19+6-; star Sam\n1967; Pemphigus and Pemphigoid, 1965; (with Ken Hashimoto)\nwo for the Money. 1955-56;\nAppendage Tumors of the Skin, 1969. Mem. editorial bd. Archives of\nLEVI, CARLO, writer, artist; b. 1902; studied medicine. Banished to\nis Show Business. 1951-54;\nDermatology, 1963-. Home: 780 Boylston St Boston MA 02199\nSo. Italy during Fascist regime; dir. L'Italia Libera, daily, Rome, Italy.\nso several guest appearaces.\nOffice: New Eng Med Center Boston MA 02111\n1945-46; contor. articles and drawings to L'Italia Socialista, 1947-43,\n: Children, Nat. Assn. Pub.\nLa Stampa, 1949-. Author: Christ Stopped at Eholi, 1945; Paura\npres. Citizens Scholarship\nLEVERENZ, OSCAR TAYLOR, accountant: b. Milw., May 15,\ndella liberta, 1946; Le Parole sono Piele. 1955; = Futuro Ha Un Cuore\ngovs.). Author: Everything\n1919; Oscar and Mary E. (Taylor) L.; B.A., U. Wis., 1940; postgrad.\nAntico, 1956; others. Address: Via di Ruffo 31 Rome Italy*\nNorthwestern U., 1946-47; m. Marjorie Jean Peterson, Jan. 17, 1942;\nI son, Richard T. Mem. staff Arthur Andersen & Co., Chgo., 1945-51,\nLEVI, EDWARD HIRSCH, univ. pres., lawyer; b. Chgo., June 26,\nefficer: b. N.Y.C., Nov. 12,\naudit mgr., Dallas, 1951-56, partner charge Ft. Worth Office, 1962-66,\n1911; 5. Gerson B. and Elsa B. (Hirsch) L; Ph.B., U. Chgo., 1932, J.D.,\n:: B.B.A., Coll. City N.Y.,\ndir. Western U.S. operations, 1966-70, mng. partner Denver office,\n1935; J.S.D., Yale (Sterling fellow 1935-36), 1938; LL.D., U. Mich.,\n1966; in. Marilyn Carroll\n1970-. sec., treas., dir. Republic Natural Gas Co., Dallas, 1956-61.\n1959, U. Cal. at Santa Cruz, Jewish Theol. Sem. Am., U. Ia., Brandeis\nil Catherine, Jenifer Falk.\nlant; 1940-42: joined U.S.\nMem. nat. bd. dirs. Jr. Achievement, 1968. Served to It. USNR,\nU., Lake Forest Coll., U. Rochester, Loyola U., Chgo.; L.H.D.,\nrunce, 1945-47, Nanking,\n1941-45. C.P.A., Tex. Mem. Am. Inst. C.P.A.'s, Financial Execs.\nHebrew Union Coll., U. Rochester, U. Toronto, Loyola U.; m. Kate\nSuizberger, June 4, 1946; children-John, David, Michael. Asst. prof.\n2. State Dept., 1952-54,\nInst., Am. Accounting Assn., Phi Kappa Sigma. Home: 480 S Marion\nseria. 1959- 61; exec. dir.\nPkwy Denver CO 80209 Office: 1700 Broadway Denver CO 80202\nU. Chgo. Law Sch., 1936-40, prof. law, 1945-, dean, 1950-62,\nprovost univ., 1962-68, univ. pres., 1968-; Thomas Guest prof. U.\nDept., 1962-66. Bur. Latin\nColo., summer 1960; spl. asst. to atty. gen. U.S., 1940-45; 1st asst. war\nfor adminstrn., Caracas,\nLEVERETT, MILES CORRINGTON, nuclear engr.; b. Danville,\nreved with AUS, 1942-45;\nIII, Dec. 18, 1910; S. Warren H. and Joanna (Corrington) L.; B.S.,\ndiv. Dept. Justice, 1943, 1st asst. antitrust div., 1944-45; chmn.\ninterdeptl. com. on monopolies and cartels, 1944; counsel Fedn.\nlegion, City Coll. Alumni\nKan. State Coll., 1931; M.S., U. of Okla., 1932; Sc.D., Mass. Inst.\nTech., 1938; m. Nancy Walker, Oct. 18, 1938. Asst. chemist\nAtomic Scientists with respect to Atomic Energy Act, 1946, subcom.\npt State Washington DC\nMarathon Paper Mills Co., Menasha, Wis., 1932, Phillips Petroleum\non monopoly power Judiciary Com., 81st Congress, 1950. Mem.\nresearch adv. bd. Com. Econ. Devel., 1952-56; bd. Social Sci.\nCo., Barlesville, Okla., 1933; Sr. research engr. Humble Oil & Refining\no. exec.; b. N.Y.C., Aug.\nCo., Houston, 1938-42. research asso., 1948-49; dir. tech. div. Clinton\nResearch Council, 1959-62; chmn. Council Legal Edn. and Profl.\nSt. Lawrence U., 1948;\nLabs., 1942-48; tech. dir. nuclear energy for propulsion of aircraft\nResponsibility; mem. Citizens Commn. Grad. Med. Edn., 1963-66,\nComma. Founds. and Pvt. Philanthropy, 1969-70, Pres. Task Force\nvrison, May 18, 1956;\nproject Fairchild Engine and Airplane Corp., 1949-51; engr., mgr.\nPriorities in Higher Edn., 1969-70, Sloan Commn. Cable\nader Mfg. Co., N.Y.C.,\naircraft nuclear propulsion project Gen. Electric Co. 1951, then mgr.\ndevel. labs. aircraft nuclear propulsion dept., then cons. engr. Hanford\nCommunications, 1970-, Nat. Comma. Productivity, 1970.\nany City, 1951- 61; pres.\natomic products operation Gen. Electric Co., Richland, Wash., mgr.\nTrustee U. Chgo., Internat. Legal Center, Inst. Psychoanalysis Chgo.\n961-64; with Philips\nUrban Inst., Mus. Sci. and Industry, Russell Sage Found., Aspen\nServed with USNR,\nengring. N-Reactor dept., now mgr. nuclear safety appraisal. Fellow\nHumanistic Studies Inst. Internat Eda\n)H 45409 Office: 4509\nAm. Nuclear Soc. (pres. 1960-61); mem. Am. Phys. Soc., Am. Inst.\nScis.,\nChem. Engrs., Am. Inst. Mining and Metail\nHome:\n15233\nVia\n1879\nWHO'S WHO IN AMERICA\nN.Y.C., Dec. 28, 1911; 3.\nNew Eng. Pathol. Soc.; hon. mem. Pacific Dermatol. Assn., Austrian,\n1.. Bklyn. Coll., 1934; M.A.,\nBrit., Danish, Finnish, French. German, Greek, Indian, Italian,\n1960), 1959, Literature, Philosophy and the Imagination, 1962,\n27. 1936; children-Conrad,\n3., Bilyn., S. J. Tilden High\nJapanese, Polish, Venezuelan, Yugoslav dermatol. socs. Episcopalian.\nHumanism and Politics, 1969, The Humanities Today, 1970. Home:\nClub: Harvard (Boston). Author: Histopathology of the Skin, 4th edit.,\n7008 Waterman Av St Louis MO 63130\neatre, TV, 19+6-; star Sum\nwo for the Money, 1955-56;\n1967; Pemphigus and Pemphigoid, 1965: (with Ken Hashimoto)\nAppendage Tumors of the Skin, 1969. Mem. editorial bd. Archives of\nLEVI, CARLO, writer, artist; b. 1902; studied medicine. Banished to\nis Show Business, 1951-54;\nDermatology, 1963- Home: 780 Boylston St Boston MA 02199\nSo. Italy during Fascist regime: dir. L' Italia Libera, daily, Rome, Italy.\nw several guest appearaces.\nOffice: New Eng Med Center Boston MA 02111\n1945-46; contor. articles and drawings to L'Italia Socialista, 1947-43,\nChildren, Nat. Assn. Pub.\nLa Stampa, 1949-. Author. Christ Stopped at Eholi, 1945; Paura\npres. Citizens Scholarship\ngovs.). Author: Everything\nLEVERENZ, OSCAR TAYLOR, accountant; b. Milw., May 15,\ndella liberta, 1946; Le Parole sono Piele, 1955; II Futuro Ha Un Cuore\n1919; 3. Oscar and Mary E. (Taylor) L.; B.A., U. Wis., 1940; postgrad.\nAntico, 1956; others. Address: Via di Ruffo 31 Rome Italy*\nNorthwestern U., 1946-47; m. Marjorie Jean Peterson. Jan. 17, 1942;\n1 son, Richard T. Mem. staff Arthur Andersen & Co., Chgo., 1945-51,\nLEVI, EDWARD HIRSCH, univ. pres., lawyer; b. Chgo., June 26,\nfficer; b. N.Y.C., Nov. 12,\naudit mgr., Dallas, 1951-56, partner charge Ft. Worth Office, 1962-66,\n1911;s. Gerson B. and Elsa B. (Hirsch) L; Ph.B., U. Chgo., 1932, J.D.,\n-: B.B.A., Coll. City N.Y.,\ndir. Western U.S. operations, 1966-70, mng. partner Denver office,\n1935; J.S.D., Yale (Sterling fellow 1935-36), 1938; LL.D., U. Mich.,\n1966; in Marilyn Carroll\n1970-. sec., treas., dir. Republic Natural Gas Co., Dallas, 1956-61.\n1959, U. Cal. at Santa Cruz, Jewish Theol. Sem. Am., U. Ia., Brandeis\n/ Catherine, Jenifer Falk.\nMem. nat. bd. dirs. Jr. Achievement, 1968. Served to It. USNR,\nU., Lake Forest Coll., U. Rochester, Loyola U., Chgo.; L.H.D.,\nant, 1940-42; joined U.S.\nrance. 1945-47, Nanking.\n1941-45. C.P.A., Tex. Mem. Am. Inst. C.P.A.'s, Financial Execs.\nHebrew Union Coll., U. Rochester, U. Toronto, Loyola U.; m. Kate\nInst., Am. Accounting Assn., Phi Kappa Sigma. Home: 480 S Marion\nSulzberger, June 4, 1946; children-John, David, Michael. Asst. prof.\n2. State Dept., 1952-54,\nPkwy Denver CO 80209 Office: 1700 Broadway Denver CO 80202\nU. Chgo. Law Sch, 1936-40, prof. law, 1945-, dean, 1950-62,\nperia, 1959- 61; exec. dir.\nprovost univ., 1962-68, univ. pres., 1968-; Thomas Guest prof. U.\nDept., 1962-66, Bur. Latin\nfor adminstrn., Caracas,\nLEVERETT, MILES CORRINGTON, nuclear engr.; b. Danville,\nColo., summer 1960; spl. asst. to atty. gen. U.S., 1940-45; 1st asst. war\nrved with AUS, 1942-45;\nIII., Dec. 18, 1910; S. Warren H. and Joanna (Corrington) L.; B.S.,\ndiv. Dept. Justice, 1943, 1st asst. antitrust div., 1944-45; chmn.\negion, City Coll. Alumni\nKan. State Coll., 1931; M.S., U. of Okla, 1932; Sc.D., Mass. Inst.\ninterdepti. com. on monopolies and cartels, 1944; counsel Fedn.\nTech., 1938; m. Nancy Walker, Oct. 18, 1938. Asst. chemist\nAtomic Scientists with respect to Atomic Energy Act 1016\n'pt State Washington DC\nMarathon Paper Mills Co., Menasha, Wis., 1932, Phillips Petroleum\non monopoly power\nCo., Barlesville, Okla., 1933; Sr. research\nCo.,\nN.Y.C.\n1879\nWHO'S WHO IN AMERICA\nN.Y.C., Dec. 28, 1911; S.\nNew Eng. Pathol. Soc.; hon. mem. Pacific Dermatol. Assn., Austrian,\n1960), 1959, Literature, Philosophy and the Imagination, 1962,\nA., Bklyn. Coll., 1934; M.A.,\nBrit., Danish, Finnish, French, German, Greek, Indian, Italian,\nHumanism and Politics, 1969, The Humanities Today, 1970. Home:\n27, 1936; children--Conrad,\nJapanese, Polish, Venezuelan, Yugoslav dermatol. socs. Episcopalian.\n7008 Waterman Av St Louis MO 63130\nh., Bklyn., S. J. Tilden High\nClub: Harvard (Boston). Author: Histopathology of the Skin, 4th edit.,\nleatre, TV, 1946-; star Sam\n1967; Pemphigus and Pemphigoid, 1965; (with Ken Hashimoto)\nLEVI, CARLO, writer, artist; b. 1902; studied medicine. Banished to\nwo for the Money, 1955-56;\nAppendage Tumors of the Skin, 1969. Mem. editorial bd. Archives of\nSo. Italy during Fascist regime; dir. L'Italia Libera, daily, Rome, Italy,\n$ is Show Business, 1951-54;\nDermatology, 1963-. Home: 780 Boylston St Boston MA 02199\n1945-46; contbr. articles and drawings to L'Italia Socialista, 1947-48,\nso several guest appearaces.\nOffice: New Eng Med Center Boston MA 02111\nLa Stampa, 1949-. Author: Christ Stopped at Eholi, 1945; Paura\nd Children, Nat. Assn. Pub.\ndella liberta, 1946; Le Parole sono Piele, 1955; II Futuro Ha Un Cuore\npres. Citizens Scholarship\nLEVERENZ, OSCAR TAYLOR, accountant; b. Milw., May 15,\nAntico, 1956; others. Address: Via di Ruffo 31 Rome Italy*\ngovs.). Author: Everything\n1919; S. Oscar and Mary E. (Taylor) L.; B.A., U. Wis., 1940; postgrad.\nNorthwestern U., 1946-47; m. Marjorie Jean Peterson, Jan. 17, 1942;\nLEVI, EDWARD HIRSCH, univ. pres., lawyer; b. Chgo., June 26,\n1 son, Richard T. Mem. staff Arthur Andersen & Co., Chgo., 1945-51,\n1911; S. Gerson B. and Elsa B. (Hirsch) L; Ph.B., U. Chgo., 1932, J.D.,\nofficer; b. N.Y.C., Nov. 12,\naudit mgr., Dallas, 1951-56, partner charge Ft. Worth Office, 1962-66,\n1935; J.S.D., Yale (Sterling fellow 1935-36), 1938; LL.D., U. Mich.,\nL; B.B.A., Coll. City N.Y.,\ndir. Western U.S. operations, 1966-70, mng. partner Denver office,\n1959, U. Cal. at Santa Cruz, Jewish Theol. Sem. Am., U. Ia., Brandeis\n1966; m. Marilyn Carroll\n1970-. sec., treas., dir. Republic Natural Gas Co., Dallas, 1956-61.\nU., Lake Forest Coll., U. Rochester, Loyola U., Chgo.; L.H.D.,\nail Catherine, Jenifer Falk.\nMem. nat. bd. dirs. Jr. Achievement, 1968. Served to It. USNR,\nHebrew Union Coll., U. Rochester, U. Toronto, Loyola U.; m. Kate\nstant, 1940-42; joined U.S.\n1941-45. C.P.A., Tex. Mem. Am. Inst. C.P.A.'s, Financial Execs.\nSulzberger, June 4, 1946; children-John, David, Michael. Asst. prof.\nFrance, 1945-47, Nanking,\nInst., Am. Accounting Assn., Phi Kappa Sigma. Home: 480 S Marion\nU. Chgo. Law Sch., 1936-40, prof. law, 1945-, dean, 1950-62,\n52, State Dept., 1952-54,\nPkwy Denver CO 80209 Office: 1700 Broadway Denver CO 80202\nprovost univ., 1962-68, univ. pres., 1968-; Thomas Guest prof. U.\niberia, 1959- 61; exec. dir.\nColo., summer 1960; spl. asst. to atty. gen. U.S., 1940-45; 1st asst. war\nDept., 1962-66, Bur. Latin\nLEVERETT, MILES CORRINGTON, nuclear engr.; b. Danville,\ndiv. Dept. Justice, 1943, 1st asst. antitrust div., 1944-45; chmn.\ny for adminstrn., Caracas,\nIII., Dec. 18, 1910; S. Warren H. and Joanna (Corrington) L.; B.S.,\ninterdeptl. com. on monopolies and cartels, 1944; counsel Fedn.\nServed with AUS, 1942-45;\nKan. State Coll., 1931; M.S., U. of Okla., 1932; Sc.D., Mass. Inst.\nAtomic Scientists with respect to Atomic Energy Act, 1946, subcom.\nLegion, City Coll. Alumni\nTech., 1938; m. Nancy Walker, Oct. 18, 1938. Asst. chemist\non monopoly power Judiciary Com., 81st Congress, 1950. Mem.\nSept State Washington DC\nMarathon Paper Mills Co., Menasha, Wis., 1932, Phillips Petroleum\nresearch adv. bd. Com. Econ. Devel\nCo., Barlesville, Okla., 1933; Sr. research engr. Humble\nPublic Law 93-178\n93rd Congress, H. R. 11710\nDecember 10, 1973\nAn Act\n87 STAT, 697\nTo insure that the compensation and other emoluments attached to the Office of\nAttorney General are those which were in effect on January 1, 1969.\nBe it enacted by the Senate and House of Representatives of the\nUnited States of America in Congress assembled, That the compensa-\nOffice of\ntion and other emoluments attached to the Office of Attorney General\nthe Attorney\nshall be those which were in effect on January 1, 1969, notwithstanding\nGeneral.\nthe provisions of the salary recommendations for 1969 increases trans-\nCompensation\nmitted to the Congress on January 15, 1969, and notwithstanding any\nand other\nother provision of law, or provision which has the force and effect of\nemoluments.\nlaw, which is enacted or becomes effective during the period from\n83 Stat. 863.\nnoon, January 3, 1969, through noon, January 2, 1975.\n5 USC 5312 and\nnote.\nSEC. 2. (a) Any person aggrieved by an action of the Attorney\nGeneral may bring a civil action in the appropriate district court to\ncontest the constitutionality of the appointment and continuance in\noffice of the Attorney General on the ground that such appointment\nand continuance in office is in violation of article I, section 6, clause 2,\nof the Constitution. The United States district courts shall have USC prec. title\nexclusive jurisdiction, without regard to the sum or value of the matter 1.\nin controversy, to determine the validity of such appointment and\ncontinuance in office.\n(b) Any action brought under this section shall be heard and\ndetermined by a panel of three judges in accordance with the pro-\nvisions of section 2284 of title 28, United States Code. Any appeal 62 Stat. 968;\nfrom the action of a court convened pursuant to such section shall lie 74 Stat. 201.\nto the Supreme Court.\n(c) Any judge designated to hear any action brought under this\nsection shall cause such action to be in every way expedited.\nApproved December 10, 1973.\nis\nFORD\nGERALD\nLIBRARY\nLEGISLATIVE HISTORY:\nCONGRESSIONAL RECORD, Vol. 119 (1973):\nDec. 3, considered and passed House.\nDec. 6, considered and passed Senate, amended.\nDec. 7, House concurred in Senate amendment.\nGPO 99-139\nPolitical labels\nJustice 40-45 Probably called Dem.\nLUCA objected\nHoover Nixon\nUsually mat w puncises ; certainly not recently\n\"Independent\"\nContab t Percy Steensen\nwife\nClark (in)\nViewed by sme a Rep\nAs Den\nDeclined: Gen Cal of Kmem 45-50\nFORD . GERALD LIBRARY\nday Prod\nFold Fndn\n/ MM\nLAn +Bohu scene\nDedn t. be he ovall charge\nJuy. Arbitistion. TAX &Pub opinion\nThat part of lAw concd c/ laymon interaction\nMeltzer, Kurland Leci directed for mos, Kalven\nDirected I\nEd Kitch Bdr Hill Aan Committee of KansA City of chrelforde of Pulps th cir\nJudge + Counsel approval\nControl f fate ! who operated sartchs\nMariud myed\nOcall chays, but not drector of buffing\n5. CAs recorded & compare 4 artificial Jadys\nshowed\nPhillys so proud ; he crant had control of taps i wanted to\nJuly\nuse then before 10th (ir conference.\nLevi objected.\nfunc timing\n(others bake judges there).\nvary well\nPhilys did it.\n(Signed Very statent that he had given perman .)\nLAW subsequent pasal t make t llgal\nTAps destyed\nTONG is LIBRARY\nAccused of taxing materials for AT Div m 45\nSmoent decues &reports should be made available\nDidn't Know who\nAsked AT Dir office mg to go ove & Deparate +\ndetermine what shall be sent.\nLevi had mothing to do with selection\nFiles some and katial, lucket fn andry years 52\nAvial for FBI mustystion\nFrom decutary explained\nEnstland Heary painte\nPractice\n- 40-45: 8mos 1st Art WAR Div. (HaghCax)\nAntetnt (gene Sepv.)\n- Dean '51\n- Spl Corl Cella Can 50-51 Newsprint tstell\nMany states a dipated\nFanles: faust hearing they ever had\nCardrzo lecture (durly attl ant 69)\nThe Crisis of LAW: Statent of inpatime of law, ligitarity,\nConservative statent\nDiff between Its + obligation on ENec +Legil\nTacker Lectine (andh thee) LAW + Moral Legalatic cutage I.\n(Abntint CApital ) speal Rob of LAW /\nmatter\nEntering student TAlk : LAw +ct not everything\nLIBRARY GERALD\nSclberman\nI\n1) Primary problem protocol : Pat 0'Donnel called the off flor to tell the\n2) Mne when affirmative Levy CAM6: piodocol have Pres mut of then w/ Leuy Kaslogs gother?\n3) Left Duffer filter\nII Philosophy\nw/ the wind\nCons lawyer they trust (e.g. Bonk) to analyze his writings for EH H E\nIII Juny things\nMon of Tue\nM\n(eop H)\nLAW + order enforcent to support hem vignousl, sp the knous H\nPrivate communications (mot public)\nCare Rowdn : Landatay Editial.\nDiffeet 2 mos or Threaten no judges\nFORD : LIBRARY 938839\nvelde # Johnoon H\nSaybe very\ncluse\n+\nE:\nP\nSArbe tu Arc In help of talk w/ E\nAlbert, But Jenner\n(312)\n222 9350\n220 245 LARRY\nWabh\n4\nChuck Pency\nMS. Menshicoff (JE DAVIS)\n(\n2wick (SE Natl\nWriston\nwabe\nChet. Smith\nFORD i LIBRARY QERALD\nMonsfuld\nchallets\nBill years (St oil) advise H re chi ben Comm\nPeasul Levi not to sell all\nM\nTR Noon\nMtg.\nCircus\nKatherine Eraham\nPercy: what should he do\nFORD & LIBRARY 076330\nTHE WHITE HOUSE\nWASHINGTON\nFuley\nEAstland will give\nas trough\nGERALD LIBRARY ? FORD\nTHE WHITE HOUSE\nWASHINGTON\nJAWOSKI\nwill get to Tower\n(thru Amb. clarke)\nwill ty then\nwill edll Hrusked\nFORD is LIBRARY 076835\nHruska buddy t, Chatters\nNo prob.\nH edn handle E (he sap.)\n& open line to Levi\neg., like Selberndn\n2 Drut ,bat not\nhe cards\n\"No premend motions\"\nNoProblem\n(Speers) Eds - willing anther th cirit that of - Hynsied Not be hulfy\nBut Ed won't metate\nHopp of present itelf, then HRUSKA\nset-up,\nLIBRARY GERALD R. FORD\n-\nTHE WHITE HOUSE\nWASHINGTON\n12/31/74\nRe: EdLevi\nPhil A:\nHadcoll from BobBork\nwho reported:\n1) He had lunch with\nSon. Hruska and believes\nhe made some progress\nin behalf of Ed. Levi.\n) Ho would beglad to\ncall Prof. Myers McDougal\nof the Yale Law School\nSen. Eastland) to request\n(a former classmate of\ncontact with Eastland\nIn behalf of Ed.\nI advised I would respond\nrssoonas wc had planned\nourstrategy.\nP.\n2\nA WAO, lS, Albert Jenner & Ben Helneman, Prsf\nche NW RR Co\n1943 - People N. Dis Come,\n48- - JH UNAL Act a as \"spyhent\"\nBurder (Mkd, botton Up\nby Note Fed In Cut Libs\nFORD LIBRARY is 07V839\nBenie Siegal\nArlen Spector\nPeter Wallism\nEd Levi\n/\nHunked - writings by t about Ed.\nBack Sat.\nBob Kutak former H aide of forma stud. of Levi\n(Phela) He talked of H\nH to mut w/ Kutaic on sat m Nebraskd\nH To see Argal Monday of Kutak thing it\nBy wes, S hops t reach (regreschy\nformer are of EAtlAnd, practicing fn JACKSON Mis,\nwill report back by\nSpec Pros Crylite on FRI\nFORD & 038870 LIBRARY\nJudice\nDept.\nThursday 10/31/74\n12:10 John Crewdson of the New York Times wants to\n293-3100\ntalk with you -- about important affairs of state.\nWants to discuss a report that there is a decision\nthat's been made to replace the Attorney General\nafter the election,\nI checked with the Press Office to see if they had had\nsuch calls; Larry Speakes is to call me back,\n(I saw an article in the paper the other day --\nJack Anderson says Charles Goodell will be the\nFORD ; LIBRARY GENALD\nnext Attorney General)\nspeakes suggests (if you want to talk has is crewdson indicated\nyou columet would stay.\nmight just say the President\nLevi\nfile\n(A (At)\nDecember 11, 1974\nTO:\nDON RUMSFELD\nFROM PHIL AREEDA\n1. As you asked.\n2. Saxbe is out of town today. I will ask\nhim for a letter tomorrow morning.\nAttachment:\nMemo to President\n\" : he. Backer\nFORDO -- GERALD LIBRARY\nACTION\nDecember 11, 1974\nMEMORANDUM FOR THE PRESIDENT\nFROM: PHILLIP AREEDA\nSUBJECT: LARRY SILBERMAN\nIn connection with the change in the Attorney Generalship, I\nrecommend that you visit with, or at least telephone, Larry\nSilberman. You might want to make the following points with\nhim.\n1) I want you to know that Attorney General Saxbe will\nbe leaving.\n2) I also want you to know that I have the highest regard\nfor your work as Deputy Attorney General. People in\nother Departments and my own staff who work with you\nhave nothing but praise for your intelligence, judgment\nand cooperativeness.\n3) You were one of the few people that I considered\ncarefully for the post of Attorney General. In the end I\nhave decided to offer the post to Ed Levi who, as you\ndoubtless know, is the former Dean of the University of\nChiengo Law School and now President of that University.\n(But, of course, this decision is not entirely final until\nall the checks have been completed.)\n4) It is because I have decided to appoint someone else that\nI wanted to be sure to tell you personally how highly I value\nyour work and how grateful I have been for your help.\nFORD i LIBRARY GERALD\n- 2 -\n5) I certainly hope you will stay on as Deputy\nAtterney General--at least for a reasonable transition\nperiod. But, in whatever capacity, this Administration\ncertainly needs your continued help.\nPA Chron.\nMemo to President's file\nLevi (AG) file\nLIBRARY GERALD R. FORD\nTHE ATTORNE\nWASHINGTU\nDecember 12, 1974\nJustice\nDear Mr. President:\nI hereby submit my letter of resignation as\nAttorney General of the United States of America so\nthat I may accept the new responsibility which you\nhave assigned to me as United States Ambassador to\nthe Republic of India, subject to confirmation by\nthe Senate of the United States.\nAs we agreed, it is my intention to make my\nresignation effective upon my appointment as Ambassador,\nor, in the alternative, upon the appointment of my\nsuccessor as Attorney General, whichever occurs earlier.\nI want to take this opportunity to express to you,\nMr. President, my appreciation for the opportunity to\nserve as Attorney General. A strong Department of\nJustice is vital to our country, and I can assure you\nthat the officials of this Department will cooperate\nin every way with my successor in order that the\ninterests of government and the people may best be\nserved.\nRespectfully,\nWm B Sayhe\nWilliam B. Saxbe\nThe President\nThe White House\nWashington, D. C.\nLIBRARY GERALD F. FORD\nDecember 11, 1974\nTO:\nDON RUMSFELD\nFROM PHIL AREEDA\n1. As you asked.\n2. Saxbe is out of town today. I will ask\nhim for a letter tomorrow morning.\nAttachment:\nMemo to President\ncc: Mr. Buchen\nFORD : QERALD LIBRARY\nACTION\nDecember 11, 1974\nMEMORANDUM FOR THE PRESIDENT\nFROM: PHILLIP AREEDA\nSUBJECT: LARRY SILBERMAN\nIn connection with the change in the Attorney Generalship, I\nrecommend that you visit with, or at least telephone, Larry\nSilberman. You might want to make the following points with\nhim.\n1) I want you to know that Attorney General Saxbe will\nbe leaving.\n2) I also want you to know that I have the highest regard\nfor your work as Deputy Attorney General. People in\nother Departments and my own staff who work with you\nhave nothing but praise for your intelligence, judgment\nand cooperativeness.\n3) You were one of the few people that I considered\ncarefully for the post of Attorney General. In the end I\nhave decided to offer the post to Ed Levi who, as you\ndoubtless know, is the former Dean of the University of\nChicago Law School and now President of that University.\n(But, of course, this decision is not entirely final until\nLIBRARY GERALD P. FORD\nall the checks have been completed.)\n4) It is because I have decided to appoint someone else that\nI wanted to be sure to tell you personally how highly I value\nyour work and how grateful I have been for your help.\n. 2 .\n5) I certainly hope you will stay on as Deputy\nAttorney General--st least for a reasonable transition\nperiod. But, is whatever capacity, this Administration\ncertainly needs your continued help.\nPA Chron.\nMemo to President's file\nSilberman file\nLevi (AG) file\ncc: ha. Buchen\nLIBRARY GERALD ? FORD\nTHE ATTORNEY GENERAL\nWASHINGTON\nDecember 12, 1974\nDear Mr. President:\nI hereby submit my letter of resignation as\nAttorney General of the United States of America SO\nthat I may accept the new responsibility which you\nhave assigned to me as United States Ambassador to\nthe Republic of India, subject to confirmation by\nthe Senate of the United States.\nAs we agreed, it is my intention to make my\nresignation effective upon my appointment as Ambassador,\nor, in the alternative, upon the appointment of my\nsuccessor as Attorney General, whichever occurs earlier.\nI want to take this opportunity to express to you,\nMr. President, my appreciation for the opportunity to\nserve as Attorney General. A strong Department of\nJustice is vital to our country, and I can assure you\nthat the officials of this Department will cooperate\nin every way with my successor in order that the\ninterests of government and the people may best be\nserved.\nRespectfully,\nW B Sayhe\nWilliam B. Saxbe\nThe President\nThe White House\nWashington, D. C.\nLIBRARY GERALD P. FORD\nMEMORANDUM\nTHE WHITE HOUSE\nWASHINGTON\nDecember 13, 1974\nMEMORANDUM FOR:\nJACK MARSH\nFROM:\nPHIL AREEDA pA\nSUBJECT:\nSALARY OF ATTORNEY GENERAL\nWhen Saxbe was made Attorney General, the Congress enacted\nP. L. 93-178 reducing the compensation of that office in order\nto comply with Article I, Section 6 of the Constitution. That\nSection precludes the appointment of a Senator to an office whose\nsalary was increased during the period for which that Senator\nwas elected.\nSaxbe's Senatorial term would have ended this year. And, as you\nknow, there will soon be a new Attorney General.\nAccordingly, it is appropriate to repeal P. L. 93-178 and to\nprovide that the Attorney General's compensation should be\nthe same as that of other Cabinet members. A draft bill is\nattached for that purpose. Perhaps this is a matter on which\nCongress could act routinely and expeditiously before it adjourns.\nI have coordinated this matter with Silberman, Ebner and Walker\nThey all agree. I have not consulted anyone else. Phil Bachon\nalso agrees\nAttachment\nLIBRARY GERALD FORD\nSpike to Sen H- Sco whither tt\nthere's a question advise\nJegis this. is needed. He's to\nOne same. m 12/16\nCONGRESS\nS.\n(Nors.-Fill in all blank lines except\nthose provided for the date and\nSESSION\nnumber of bill.)\nIN THE SENATE OF THE UNITED STATES\nMr.\nintroduced the following bill; which was read twice and referred to the Committee on\nLIBRARY GERALD R. FOR\nA BILL\nCompensation and other emoluments attached to the\nOffice of the Attorney General.\n(Insert title of bill here)\n1\nBe it enacted by the Senate and House of Representa-\n2 tives of the United States of America in Congress assembled,\n3 That the first section of the Act entitled \"An\n4 Act To insure that the compensation and other\n5 emoluments attached to the Office of the Attorney\n6 General are those which were in effect on Janu-\n7 ary 1, 1969\" (Public Law 93-178; 87 Stat. 697), is\n8 repealed effective as of January 3 , 1975,\n9 and the compensation and other emoluments attached\n10 to the Office of the Attorney General shall, on\n11 and after that date, be those that now or here-\n12 after attach to offices and positions at\n13 level I of the Executive Schedule (5 U.S.C. 5312).\nin\nШУ-хой)\nher odt 101 behivery secult\n.a\nCONCERS\n(Jild to todgeo\nSTATE азтіии энт TO STAMES янт и\naM\nno estimmed edj of bortsler bas soiwt been asw doidw :llid galwollol eds beouborini\nDROV.\nTRANSIT\nSERVED\nA\nedd of berbetts redto bris noidsaneqmo0\n. Istened 983 to 00/199\nuned Sidia reaD\nto savoH brow starts adt ud 5 s&\nI\nbeldmesed 8897pmo0 sti to estate Jostier U silt to soult\n10\nnA\" before JOA edd to подзова\n9dj\nE\n(Nors.-Fill in all blank lines except\nthose provided for the date and\nredito bas поітвеледтор 9dd\n19 Read twice\nOT\nJoA\nD\n86433-h\nnumber of bill.)\nA\nto\nof\n2\n-UI\nBILL\nno\n(Insert title of bill here)\nBIOW\ndoing\nIstene0\na\nS.\nat\na\n18\nI-Ee\nWSI\nbilde)\n\"C\nand referred to the Committee on\n,I\nYIS\nΓ\nA\nU. S. GOVERNMENT PRINTING OFFICE\nCONGRESS\nSESSION\nEvisuast\nto\nas\n8\nCA\nMy.\nпо ,Ilsde IssensD America end By soi 10 end of 01\n-ered TO won tedd esorit ed 1935b 3683 metts bas II\nJs enottizoq has associto of dostts 19316\nSI\nXSIES .0.8.U 2) elubedos evidwoex3 edf to I Ievel EI\n12/14/74\nSTEPS ON LEVI\n1. Meet with Marsh, Timmons, PB, PA, Korologos, Walker,\nRumsfeld, Silberman.\n2. Initiate some conservative contacts with Eastland and Hruska\nfrom practitioners, bar associations and businessmen.\n3. Edward Levi to meet with Silberman, Duffner, Velde and\nJohnson to (a) brief Edward Levi and (b) generate names\n(including law enforcement types) for Justice people to\ncontact for T2 purposes.\n4. Levi meets Eastland and then Hruska.\n5. After steps #2 and #4, we (who?) sound out the Eastland and\nHruska mood: (a) total opposition, (b) acquiesence\nwith drawn out hearings and a \"circus\", (c) acquiesce\nto prompt and dignified procedure.\n6. President and Levi decide whether they wish to go forward.\nIf so:\n7. Initiate FBI checks (etc.).\n8. Plan strategy.\n9. Nominate and implement strategy.\nGERALD R. FORD LIBRABA\ncc:\nmr Areeda\nDecember 18, 1974\nTo:\nBill Timmons\nFrom: Phil Buchen\nAttached is a copy of a memorandum\npreviously sent to Jack Marsh by\nPhil Areeda. By all means, we should\nsupport the new bill that will repeal\nP.L. 93-178.\nAttachments\nPWBuchen:ed\nGERALD R. FORD\nDecember 13, 1974\nMEMORANDUM FOR:\nJACK MARSH\nFROM:\nPHIL AREEDA\nSUBJECT:\nSALARY OF ATTORNEY GENERAL\nWhen Saxbe was made Attorney General, the Congress enacted\nP. L. 93-178 reducing the compensation of that office in order\nto comply with Article I, Section 6 of the Constitution. That\nSection precludes the appointment of a Senator to an office whose\nsalary was increased during the period for which that Senator\nwas elected.\nSaxbe's Senatorial term would have ended this year. And, as you\nknow, there will soon be a new Attorney General.\nAccordingly, it is appropriate to repeal P. L. 93-178 and to\nprovide that the Attorney General's compensation should be\nthe same as that of other Cabinet members. A draft bill is\nattached for that purpose. Perhaps this is a matter on which\nCongress could act routinely and expeditiously before it adjourns.\nI have coordinated this matter with Silberman, Ebner and Walker.\nThey all agree. I have not consulted anyone else. Phil Buchen agrees.\nAttachment\nPA/ec\nPA Chron.\nLevi File\nLIBRARY GERALD ? FORD\ncy to m. Burlen.\nTHE WHITE HOUSE\nWASHINGTON\nDecember 18, 1974\nMEMORANDUM FOR:\nPHILIP BUCHEN\nFROM:\nWILLIAM E. TIMMONS\nB\nSUBJECT:\nAttorney General's Compensation\nAs you may know the Congress had to enact a special law\nat the time of Bill Saxbe's confirmation to satisfy the\nConstitutional requirements of a Member of Congress\ntaking a federal post after raising the salary of that\nposition.\nThere is some uncertainty about the Attorney General's\nemoluments in the future. One school of thought says it\nautomatically is raised to $60,000 on January 2, 1975.\nAnother has the provision applying only to a former\nMember. Still a third school argues that a new law must\nbe enacted to raise the salary.\nAt any rate, it's your problem now. Attached is copy of\nAct and the committee report.\nFORD & LIBRARY\nPublic Law 93-178\n93rd Congress, H. R. 11710\nDecember 10, 1973\nAn Art\n87 STAT. 697\nTo insure that the compensation and other emoluments attached to the Office of\nAttorney General are those which were in effect on January 1, 1969.\nBe it enacted by the Senate and House of Representatives of the\nUnited States of America in Congress assembled, That the compensa-\nOffice of\ntion and other emoluments attached to the Office of Attorney General\nthe Attorney\nshall be those which were in effect on January 1, 1969, notwithstanding\nGeneral.\nthe provisions of the salary recommendations for 1969 increases trans-\nCompensation\nmitted to the Congress on January 15, 1969, and notwithstanding any\nand other\nother provision of law, or provision which has the force and effect of\nemoluments,\nlaw, which is enacted or becomes effective during the period from\n83 Stat. 863.\n5 USC 5312 and\nnoon, January 3, 1969, through noon, January 2, 1975.\nnote.\nSec. 2. (a) Any person aggrieved by an action of the Attorney\nGeneral may bring a civil action in the appropriate district court to\ncontest the constitutionality of the appointment and continuance in\noffice of the Attorney General on the ground that such appointment\nand continuance in office is in violation of article I, section 6, clause 2,\nof the Constitution. The United States district courts shall have USC prec. title\nexclusive jurisdiction, without regard to the sum or value of the matter 1.\nin controversy, to determine the validity of such appointment and\ncontinuance in office.\n(b) Any action brought under this section shall be heard and\ndetermined by a panel of three judges in accordance with the pro-\nvisions of section 2284 of title 28, United States Code. Any appeal 62 Stat. 968;\nfrom the action of a court convened pursuant to such section shall lie 74 Stat. 201.\nto the Supreme Court.\n(c) Any judge designated to hear any action brought under this\nsection shall cause such action to be in every way expedited.\nApproved December 10, 1973.\nLEGISLATIVE HISTORY:\nCONGRESSIONAL RECORD, Vol. 119 (1973):\nDeo. 3, considered and passed House.\nDec. 6, considered and passed Senate, amended,\nFORD :- QERALD LIBRARY\nDec. 7, House concurred in Senate amendment.\nGPO 99-139\nCalendar No. 474\n93D CONGRESS\n1st Session\n1\nSENATE\nREPORT\nNo. 93-499\nCOMPENSATION OF THE OFFICE OF ATTORNEY\nGENERAL OF THE UNITED STATES\nNOVEMBER 13, 1973.-Ordered to be printed\nMr. McGEE, from the Committee on Post Office and Civil Service,\nsubmitted the following\nREPORT\n[To accompany S. 2673]\nThe Committee on Post Office and Civil Service, to which was\nreferred the bill (S. 2673) to insure that the compensation and other\nemoluments attached to the office of Attorney General are those which\nwere in effect on January 1. 1969, having considered the same, reports\nfavorably thereon without amendment and recommends that the bill\ndo pass.\nPURPOSE\nThe purpose of S. 2673 is to reduce the salary of the Office of At-\ntorney General to its pre-January 15, 1969 level of $35,000 per annum.\nThe legislation was introduced at the request of the Administration.\nIt is the judgment of the Attorney General that S. 2673 must become\nlaw before the nomination of Senator Saxbe can be submitted to the\nSenate.\nOn January 3, 1969, when Senator Saxbe began his term of office, the\nsalary of the Office of Attorney General was $35,000. Later in 1969,\nunder PL 92-206, the salary of the Office of Attorney General was in-\ncreased to $60,000.\nArticle I, Section 6, Clause 2 of the Constitution provides that\nNo Senator or Representative shall, during the Time for\nwhich he was elected, be appointed to any civil Office under\nthe Authority of the United States, which shall have been\ncreated, or the Emoluments whereof shall have been increased\nduring such time; and no Person holding any Office under\nthe United States, shall be a Member of either House during\nhis Continuance in Office.\nis\nFORD\nThis measure achieves its purpose by reducing the Attorney\neral's salary to that amount authorized by law on January 3.\n99-010\nLIBRARY\n2\nwhen he took office. The Committee has no desire or intention to resolve\nany constitutional issue regarding Senator Saxbe's appointment as\nFollowing is a\nAttorney General of the United States. Such issues are not within the\nthe Chairman of\njurisdiction of the Senate Committee on Post Office and Civil Service.\nbe acted upon far\nbe Attorney Gen\nSTATEMENT\nThe Acting Attorney General of the United States, Robert H. Bork,\nstated in his testimony before the Committee on November 13, 1973,\nHon. GALE W. Mc\nthat his initial view of the Constitutional injunction cited above was\nthat it would not be unconstitutional for nomination and Senate con-\nChairman, Comn\nsideration to move forward in the absence of the remedy provided by\nWashington,\nthis bill. The Constitution, he pointed out, speaks of a Senator or Rep-\nDEAR MR. CH\nresentative being appointed; and nomination and consideration in the\nnominate Senato\nSenate would, on the face of it, appear to be steps which precede actual\nof the United St\nappointment. The Acting Attorney General stated, however, that legal\nlation that would\nresearch conducted by his office shows that history does not bear out\nSaxbe's appointr\nhis initial view; and that should Senator Saxbe be appointed and\nWithout this\nshould Judiciary Committee consideration proceed prior to the elim-\nSaxbe's eligibilit\nination of the Constitutional impediment with regard to salary, the\ntion provides:\nlegality of his appointment could later be challenged in the courts.\n\"No Senator 0\nAccordingly, upon the advice of the Acting Attorney General and\nwas elected. be {\nupon the basis of a specific written request of the President of the\nthe United State\nUnited States, the Chairman of the Committee and the ranking Re-\nwhereof shall ha\npublican Member agreed to hold a hearing and to consider the bill.\nDuring Senat\nHaving heard the testimony of the Acting Attorney General as to the\nthe annual salar\nnecessity for this Committee's taking initial action, and having con-\n$35,000 to $60,00\nsidered the measure, the Members of the Committee unanimously\nOn November\nagreed to the bill reducing the salary of the Attorney General.\nmitted legislatic\nto Senator Sax\nBACKGROUND\nother emolumen\nin effect before\nThe Committee was initially reluctant to involve itself in Senate\nThis solution\nprocedures involving the appointment of an Attorney General of the\nenacted at the\nUnited States, because, very clearly, recommendations to the Senate\nwith regard to its advice and consent on this appointment fall within\nOffice of the Se\nthe purview of the Senate Judiciary Committee and no other.\nwould be eligibl\nThe Committee's action is based upon the Acting Attorney Gen-\nments of that\neral's testimony and the statement of the President of the United\nwhich Knox W:\nStates contained in his letter of November 8, 1973, to the Chairman:\ntion. Senator K\n\"Constitutional precedents beginning with President Washington in-\nConstitutions\ndicate that the nomination of an individual not then eligible may be\ndicate that the\nimproper and that any subsequent appointment based on such nomina-\nimproper and t\ntion might be null and void.\"\ntion might be n\nOn February\nADDITIONAL VIEWS\ntion of Williar\nthe Supreme (\nFollowing are additional views of Senator Quentin N. Burdick:\nber of the Sen\nIn joining with the Committee in approving this legislation to re-\nthat the time f\nduce the salary of the proposed nominee for Attorney General, I want\nduty therefore\nto indicate that I reserve my right to make a further judgment on the\n:\nFORD\nnulled by the C\nconstitutionality of this legislation.\nQUENTIN N. BURDICK.\nGERALD\nS.R. 499\nLIBRARY\n3\nresolve\nTHE PRESIDENT'S RECOMMENDATION\nent\nas\nin\nthe\nFollowing is a letter from the President of the United States to\nervice.\nthe Chairman of the Committee specifically requesting that S. 2673\nbe acted upon favorably prior to his nomination of Senator Saxbe to\nbe Attorney General.\nBork,\nTHE WHITE HOUSE,\n1973,\nWashington, November 8, 1973.\nve\nwas\nHon. GALE W. McGEE,\ncon-\nChairman, Committee on Post Office and Civil Service, U.S. Senate,\nled\nby\nWashington, D.C.\nl'\nRep-\nDEAR MR. CHAIRMAN: I wish to inform you of my intention to\nin\nthe\nnominate Senator William B. Saxbe of Ohio to be Attorney General\nactual\nof the United States, immediately upon enactment of remedial legis-\nlegal\nlation that would eliminate a Constitutional impediment to Senator\nar\nout\nSaxbe's appointment.\nd\nand\nWithout this legislation, doubt would exist concerning Senator\nelim-\nSaxbe's eligibility because Article I, section 6, clause 2 of the Constitu-\nthe\ntion provides:\n\"No Senator or Representative shall, during the time for which he\nil\nand\nwas elected, be appointed to any civil Office under the Authority of\nof\nthe\nthe United States, which shall have been created, or the Emoluments\ng\nRe-\nwhereof shall have been increased during such time; ****\nbill.\nto\nthe\nDuring Senator Saxbe's term of service in the United States Senate\nthe annual salary of the Office of Attorney General was increased from\ncon-\n$35,000 to $60,000.\nously\nOn November 5, 1973, Acting Attorney General Robert H. Bork sub-\nmitted legislation which would remove the Constitutional impediment\nto Senator Saxbe's appointment by reducing the compensation and\nother emoluments attached to the Office of Attorney General to those\nenate\nin effect before Senator Saxbe began his Senate term.\nof\nthe\nThis solution has historical support. In 1909, similar legislation was\nenate\nenacted at the request of President Taft to reduce the salary of the\nithin\nOffice of the Secretary of State SO that Senator Philander C. Knox\nwould be eligible for appointment, the compensation and other emolu-\nGen-\nments of that Office having been increased during the Senate term\nwhich Knox was then serving. After enactment of remedial legisla-\ntion, Senator Knox was nominated, and confirmed by the Senate.\nin-\nConstitutional precedents beginning with President Washington in-\nbe\ndicate that the nomination of an individual not then eligible may be\nimproper and that any subsequent appointment based on such nomina-\ntion might be null and void.\nOn February 28, 1793. President Washington withdrew the nomina-\ntion of William Patterson of New Jersey to be Associate Justice of\nthe Supreme Court on the ground that Mr. Patterson \"was a mem-\nber of the Senate when the law creating that Office was passed. and\nre-\nthat the time for which he was elected is not yet expired. I think it my\nduty therefore. to decree that I deem the nomination to have been\nthe\nnulled by the Constitution.\"\nS.R. 409\n&\nFORD\nGERALD\n4\nThis position has been consistently followed by the Attorney Gen-\neral of the United States in opinions in 1883 by Attorney General\nBrewster and in 1895 by Acting Attorney General Conrad.\nI strongly urge that corrective legislation be enacted as soon as\npossible. I will submit the nomination of Senator Saxbe immediately\nupon passage of such legislation so that the Senate may proceed with\nthe confirmation process.\nFollo\nSincerely,\nRICHARD NIXON.\nUnited\naffirma\nCommi\nresearc\nprecede\nSTATES\nTHE I\nConc\nGENI\nMr. (\nThan\nof Just\nGenera\nArtic\n\"No :\nwas elec\nUnited\nwhereof\nholding\nHouse .\nAs yo\nSenator\nThe sal:\nlaw is $\nmitted t\n1969. TI\nSaxbe b\nthat figt\nis design\ntional P\nGeneral\nThere\nMorrill\nafter ha\nhad beer\n$8,000. :\nthe Sem:\nSecon\nation to\n&\nthe nom\nGERALD\nS.R. 499\nLIBRARY\nAttorney Gen-\norney General\narad.\nted as soon as\nbe immediately\ny proceed with\nAGENCY VIEWS\nFollowing is a letter from the Acting Attorney General of the\nHARD NIXON.\nUnited States, requesting that S. 2673 be introduced, and acted upon\naffirmatively; and the statement of the Acting Attorney General at the\nCommittee hearing November 13, 1973, providing the results of the\nresearch conducted by the Attorney General's office into the historicál\nprecedents for this measure.\nDEPARTMENT OF JUSTICE.\nSTATEMENT OF ROBERT H. BORK, ACTING ATTORNEY GENERAL, BEFORE\nTHE COMMITTEE ON POST OFFICE AND CIVIL SERVICE, U.S. SENATE,\nCONCERNING S. 2673, RELATING TO THE SALARY OF THE ATTORNEY\nGENERAL, NOVEMBER 13, 1973\nMr. Chairman and Members of the Committee:\nThank you for this opportunity to appear to give the Department\nof Justice views on S. 2673, relating to the salary of the Attorney\nGeneral.\nArticle I, Section 6, Clause 2 of the Constitution provides that:\n\"No Senator or Representative shall. during the Time for which he\nwas elected, be appointed to any civil Office under the Authority of the\nUnited States, which shall have been created, or the Emoluments\nwhereof shall have been increased during such time; and no Person\nholding any Office under the United States. shall be a Member of either\nHouse during his Continuance in Office.\"\nAs you know, the President has announced his intention to nominate\nSenator William B. Saxbe to be Attorney General of the United States.\nThe salary applicable to the office of Attorney General under existing\nlaw is $60,000 because of a recommendation for salary increases sub-\nmitted to the Congress pursuant to Public Law 00-206 on January 15,\n1969. The salary for the office of Attorney General at the time Senator\nSaxbe began his term of office on January 3, 1969, was $35,000, set at\nthat figure by Public Law S9-554, passed on September 6, 1966. S. 2673\nis designed to remove the question of the impact of the quoted constitu-\ntional provision on the nomination of Senator Saxbe to be Attorney\nGeneral of the United States.\nThere are two precedents for the proposed action. First, Lot M.\nMorrill was appointed to serve as Secretary of the Treasury in 1876\nafter having been elected to the Senate in 1871. Cabinet officers' salaries\nhad been raised in 1873 from $8,000 to $10,000 and returned in 1874 to\n$8,000. Senator Morrill's nomination was nevertheless confirmed by\nthe Senate.\nSecond, a measure with the same purpose as the bill under consider-\nation today was passed by the Congress in 1909 in order to permit\nthe nomination of Senator Philander Knox to be Secretary of State.\n(5)\nS.R. 499\n/ 409. S.R. GERALD GERALD\n6\nSenator Knox had been elected in 1005 for a term expiring on March\n3, 1911. In 1907 the compensation of the Secretary of State had been\nI urge prompt\nincreased from $8,000 to $12,000. An unofficial opinion of Assistant\nThe Office of\nAttorney General Russell commenting on the bill which reduced the\nof this proposal\ncompensation of the Secretary of State to $8,000 states that the pur-\nSincerely:\npose of the constitutional provision was \"to destroy the expectation\na Representative or Senator might have that he would enjoy the newly\ncreated office or newly created emoluments.\" 43 Cong. Rec. 2403, Feb-\nruary 15, 1909. After passage of the remedial legislation, Senator Knox\nwas nominated and confirmed as Secretary of State.\nThe purpose of the constitutional provision is clearly met if the\nsalary of an office is lowered after having been raised during the Sena-\ntor's or Representative's term of office. The Senators and Representa-\ntives know that, because of the constitutional provision, they cannot\nbe appointed to an office with a higher salary than was provided at\nthe beginning of their current term of office, SO the expectation of a\nhigher salary cannot influence their votes on legislation to raise sala-\nries of Federal officers.\nS. 2673 should remove any constitutional question which may be\nraised concerning the appointment of Senator Saxbe to be Attorney\nGeneral of the United States. I urge its early consideration by this\nCommittee and prompt enactment by the Senate in order to facilitate\nconsideration of Senator Saxbe.\nOFFICE OF THE ATTORNEY GENERAL.\nWashington. D.C., November 5. 1973.\nPRESIDENT PRO TEMPORE,\nU.S. Senate,\nWashington, D.C.\nDEAR MR. PRESIDENT PRO TEMPORE: Enclosed for your consideration\nand appropriate reference is a legislative proposal to provide that\nthe compensation and other emoluments attached to the Office of At-\ntorney General are those which were in effect on January 1. 1969.\nArticle I. Section 6, Clause 2 of the Constitution provides: \"No\nSenator or Representative shall, during the Time for which he was\nelécted, be appointed to any civil Office under the Authority of the\nUnited States. which shall have been created. or the Emoluments\nwhereof shall have been increased during such time; and no Person\nholding any Office under the United States. shall be a Member of\neither House during his Continuance in Office.\"\nWhen Senator William B. Saxbe of Ohio begain his term of serv-\nice in the United States Senate on January 3. 1969, the salary for\nthe Office of Attorney General was established by P.L. 89-554 (80\nStat. 460, September 6. 1966) at $35,000. On January 15, 1969, the\nPresident transmitted to the Congress pursuant to P.L. 90-206 (81\nStat. 642, December 16, 1967) a recommendation increasing the an-\nnual salary for the Office of Attorney General to $60,000.\nThe accompanying legislation is designed to remove the question\nconcerning the impact of Article I. Section 6. Clause 2 on the Presi-\ndent's nomination of Senator William B. Saxbe to be Attorney Gen-\neral of the United States.\nis\nFORD\nS.R. 499\nGERALD\nLIBRARY\n7\nexpiring on March\nV of State had been\nI urge prompt consideration and enactment of this legislation.\npinion of Assistant\nThe Office of Management and Budget has advised that enactment\nwhich reduced the\nof this proposal is in accord with the Program of the President.\nstates that the pur-\nSincerely,\nroy the expectation\nROBERT H. BORK,\nould enjoy the newly\nActing Attorney General.\nmg. Rec. 2403, Feb-\nation, Senator Knox\n3.\nclearly met if the\ned during the Sena-\nTS and Representa-\nvision, they cannot\nan was provided at\nhe expectation of a\ndation to raise sala-\ntion which may be\nlike to be Attorney\nmsideration by this\nn order to facilitate\nEY GENERAL,\nVorember 5, 1973.\nyour consideration\nsal to provide that\nto the Office of At-\nanuary 1. 1969.\ntion provides: \"No\nfor which he was\ne Authority of the\nT the Emoluments\nme; and no Person\nII be a Member of\n11 his term of serv-\n969. the salary for\ny P.L. S9-554 (80\nmary 15. 1969, the\n0 P.L. 90-206 (S1\nincreasing the an-\n0.000.\nmove the question\nuse 2 on the Presi-\nbe Attorney Gen-\nS.R. 409\nGERALO S.R. R. 499 FORD LIBRABY\nTHE WHITE HOUSE\nWASHINGTON\nDecember 18, 1974\nMEMORANDUM FOR:\nPHILIP BUCHEN\nFROM:\nWILLIAM E. TIMMONS B\nSUBJECT:\nAttorney General's Compensation\nAs you may know the Congress had to enact a special law\nat the time of Bill Saxbe's confirmation to satisfy the\nConstitutional requirements of a Member of Congress\ntaking a federal post after raising the salary of that\nposition.\nThere is some uncertainty about the Attorney General's\nemoluments in the future. One school of thought says it\nautomatically is raised to $60,000 on January 2, 1975.\nAnother has the provision applying only to a former\nMember. Still a third school argues that a new law must\nbe enacted to raise the salary.\nAt any rate, it's your problem now. Attached is copy of\nAct and the committee report.\nLIGRARY GERALD Fand\nPublic Law 93-178\n93rd Congress, H. R. 11710\nDecember 10, 1973\nAn Art\n87 STAT. 697\nTo insure that the compensation and other emoluments attached to the Office of\nAttorney General are those which were in effect on January 1, 1969.\nBe it enacted by the Senate and House of Representatives of the\nUnited States of America in Congress assembled, That the compensa-\nOffice of\ntion and other emoluments attached to the Office of Attorney General\nthe Attorney\nshall be those which were in effect on January 1, 1969, notwithstanding\nGeneral.\nthe provisions of the salary recommendations for 1969 increases trans-\nCompensation\nand other\nmitted to the Congress on January 15, 1969, and notwithstanding any\nemoluments.\nother provision of law, or provision which has the force and effect of\n83 Stat. 863.\nlaw, which is enacted or becomes effective during the period from\n5 USC 5312 and\nnoon, January 3, 1969, through noon, January 2, 1975.\nnote.\nSEC. 2. (a) Any person aggrieved by an action of the Attorney\nGeneral may bring a civil action in the appropriate district court to\ncontest the constitutionality of the appointment and continuance in\noffice of the Attorney General on the ground that such appointment\nand continuance in office is in violation of article I, section 6, clause 2,\nof the Constitution. The United States district courts shall have USC prec. title\nexclusive jurisdiction, without regard to the sum or value of the matter 1.\nin controversy, to determine the validity of such appointment and\ncontinuance in office.\n(b) Any action brought under this section shall be heard and\ndetermined by a panel of three judges in accordance with the pro-\nvisions of section 2284 of title 28, United States Code. Any appeal 62 Stat. 968;\nfrom the action of a court convened pursuant to such section shall lie 74 Stat. 201.\nto the Supreme Court.\n(c) Any judge designated to hear any action brought under this\nsection shall cause such action to be in every way expedited.\nApproved December 10, 1973.\nLEGISLATIVE HISTORY:\nCONGRESSIONAL RECORD, Vol. 119 (1973):\nDec. 3, considered and passed House.\nLIBRARY GERALD = FORD\nDec. 6, considered and passed Senate, amended.\nDec. 1, House concurred in Senate amendment.\nGPO 99-139\nCalendar No. 474\n93D CONGRESS\nSENATE\nREPORT\n1st Session\nNo. 93-499\nCOMPENSATION OF THE OFFICE OF ATTORNEY\nGENERAL OF THE UNITED STATES\nNOVEMBER 13, 1973.-Ordered to be printed\nMr. McGEE, from the Committee on Post Office and Civil Service,\nsubmitted the following\nREPORT\n[To accompany S. 2673]\nThe Committee on Post Office and Civil Service, to which was\nreferred the bill (S. 2673). to insure that the compensation and other\nemoluments attached to the office of Attorney General are those which\nwere in effect on January 1, 1969, having considered the same, reports\nfavorably thereon without amendment and recommends that the bill\ndo pass.\nPURPOSE\nThe purpose of S. 2673 is to reduce the salary of the Office of At-\ntorney General to its pre-January 15, 1969 level of $35,000 per annum.\nThe legislation was introduced at the request of the Administration.\nIt is the judgment of the Attorney General that S. 2673 must become\nlaw before the nomination of Senator Saxbe can be submitted to the\nSenate.\nOn January 3, 1969, when Senator Saxbe began his term of office, the\nsalary of the Office of Attorney General was $35,000. Later in 1969,\nunder PL 92-206, the salary of the Office of Attorney General was in-\ncreased to $60,000.\nArticle I, Section 6, Clause 2 of the Constitution provides that\nNo Senator or Representative shall, during the Time for\nwhich he was elected, be appointed to any civil Office under\nthe Authority of the United States, which shall have been\ncreated, or the Emoluments whereof shall have been increased\nduring such time; and no Person holding any Office under\nthe United States, shall be a Member of either House during\nhis Continuance in Office.\nThis measure achieves its purpose by reducing the Attorney GenFo\n80\neral's salary to that amount authorized by law on January BERALDO 8,01969,\n99-010\nLIBRARY\nAΓA оИ\n2\n3\nwhen he took office. The Committee has no desire or intention to resolve\nTHE PRESIDENT'S RECOMMENDATION\nany constitutional issue regarding Senator Saxbe's appointment as\nAttorney General of the United States. Such issues are not within the\nFollowing is a letter from the President of the United States to\njurisdiction of the Senate Committee on Post Office and Civil Service.\nthe Chairman of the Committee specifically requesting that S. 2673\nbe acted upon favorably prior to his nomination of Senator Saxbe to\nSTATEMENT\nbe Attorney General.\nThe Acting Attorney General of the United States, Robert H. Bork,\nTHE WHITE HOUSE,\nstated in his testimony before the Committee on November 13, 1973,\nWashington, November 8, 1973.\nthat his initial view of the Constitutional injunction cited above was\nHon. GALE W. McGEE,\nthat it would not be unconstitutional for nomination and Senate con-\nChairman, Committee on Post Office and Civil Service, U.S. Senate,\nsideration to move forward in the absence of the remedy provided by\nWashington, D.C.\nthis bill. The Constitution, he pointed out, speaks of a Senator or Rep-\nDEAR MR. CHAIRMAN: I wish to inform you of my intention to\nresentative being appointed; and nomination and consideration in the\nnominate Senator William B. Saxbe of Ohio to be Attorney General\nSenate would, on the face of it, appear to be steps which precede actual\nof the United States, immediately upon enactment of remedial legis-\nappointment. The Acting Attorney General stated, however, that legal\nlation that would eliminate a Constitutional impediment to Senator\nresearch conducted by his office shows that history does not bear out\nSaxbe's appointment.\nhis initial view; and that should Senator Saxbe be appointed and\nWithout this legislation, doubt would exist concerning Senator\nshould Judiciary Committee consideration proceed prior to the elim-\nSaxbe's eligibility because Article I, section 6, clause 2 of the Constitu-\nination of the Constitutional impediment with regard to salary, the\ntion provides:\nlegality of his appointment could later be challenged in the courts.\n\"No Senator or Representative shall, during the time for which he\nAccordingly, upon the advice of the Acting Attorney General and\nwas elected, be appointed to any civil Office under the Authority of\nupon the basis of a specific written request of the President of the\nthe United States, which shall have been created, or the Emoluments\nUnited States, the Chairman of the Committee and the ranking Re-\nwhereof shall have been increased during such time; *****\npublican Member agreed to hold a hearing and to consider the bill.\nHaving heard the testimony of the Acting Attorney General as to the\nDuring Senator Saxbe's term of service in the United States Senate\nnecessity for this Committee's taking initial action, and having con-\nthe annual salary of the Office of Attorney General was increased from\nsidered the measure, the Members of the Committee unanimously\n$35,000 to $60,000.\nagreed to the bill reducing the salary of the Attorney General.\nOn November 5, 1973, Acting Attorney General Robert H. Bork sub-\nmitted legislation which would remove the Constitutional impediment\nto Senator Saxbe's appointment by reducing the compensation and\nBACKGROUND\nother emoluments attached to the Office of Attorney General to those\nThe Committee was initially reluctant to involve itself in Senate\nin effect before Senator Saxbe began his Senate term.\nprocedures involving the appointment of an Attorney General of the\nThis solution has historical support. In 1909, similar legislation was\nUnited States, because, very clearly, recommendations to the Senate\nenacted at the request of President Taft to reduce the salary of the\nwith regard to its advice and consent on this appointment fall within\nOffice of the Secretary of State SO that Senator Philander C. Knox\nthe purview of the Senate Judiciary Committee and no other.\nwould be eligible for appointment, the compensation and other emolu-\nThe Committee's action is based upon the Acting Attorney Gen-\nments of that Office having been increased during the Senate term\neral's testimony and the statement of the President of the United\nwhich Knox was then serving. After enactment of remedial legisla-\nStates contained in his letter of November 8, 1973, to the Chairman:\ntion, Senator Knox was nominated, and confirmed by the Senate.\n\"Constitutional precedents beginning with President Washington in-\nConstitutional precedents beginning with President Washington in-\ndicate that the nomination of an individual not then eligible may be\ndicate that the nomination of an individual not then eligible may be\nimproper and that any subsequent appointment based on such nomina-\nimproper and that any subsequent appointment based on such nomina-\ntion might be null and void.\"\ntion might be null and void.\nOn February 28, 1793, President Washington withdrew the nomina-\nADDITIONAL VIEWS\ntion of William Patterson of New Jersey to be Associate Justice of\nFollowing are additional views of Senator Quentin N. Burdick:\nthe Supreme Court on the ground that Mr. Patterson \"was a mem-\nIn joining with the Committee in approving this legislation to re-\nber of the Senate when the law creating that Office was passed, and\nduce the salary of the proposed nominee for Attorney General, I want\nthat the time for which he was elected is not yet expired. I think it my\nto indicate that I reserve my right to make a further judgment on the\nduty therefore, to decree that I deem the nomination to have been\nconstitutionality of this legislation.\nnulled by the Constitution.\"\nQUENTIN N. BURDICK.\nS.R. 499\nS.R. 499\n4\nThis position has been consistently followed by the Attorney Gen-\neral of the United States in opinions in 1883 by Attorney General\nBrewster and in 1895 by Acting Attorney General Conrad.\nI strongly urge that corrective legislation be enacted as soon as\npossible. I will submit the nomination of Senator Saxbe immediately\nupon passage of such legislation SO that the Senate may proceed with\nAGENCY VIEWS\nthe confirmation process.\nFollowing is a letter from the Acting Attorney General of the\nSincerely,\nRICHARD NIXON.\nUnited States, requesting that S. 2673 be introduced, and acted upon\naffirmatively; and the statement of the Acting Attorney General at the\nCommittee hearing November 13, 1973, providing the results of the\nresearch conducted by the Attorney General's office into the historical\nprecedents for this measure.\nDEPARTMENT OF JUSTICE.\nSTATEMENT OF ROBERT H. BORK, ACTING ATTORNEY GENERAL, BEFORE\nTHE COMMITTEE ON POST OFFICE AND CIVIL SERVICE, U.S. SENATE,\nCONCERNING S. 2673, RELATING TO THE SALARY OF THE ATTORNEY\nGENERAL, NOVEMBER 13, 1973\nMr. Chairman and Members of the Committee:\nThank you for this opportunity to appear to give the Department\nof Justice views on S. 2673, relating to the salary of the Attorney\nGeneral.\nArticle I, Section 6, Clause 2 of the Constitution provides that:\n\"No Senator or Representative shall, during the Time for which he\nwas elected, be appointed to any civil Office under the Authority of the\nUnited States, which shall have been created, or the Emoluments\nwhereof shall have been increased during such time; and no Person\nholding any Office under the United States, shall be a Member of either\nHouse during his Continuance in Office.\"\nAs you know, the President has announced his intention to nominate\nSenator William B. Saxbe to be Attorney General of the United States.\nThe salary applicable to the office of Attorney General under existing\nlaw is $60,000 because of a recommendation for salary increases sub-\nmitted to the Congress pursuant to Public Law 90-206 on January 15,\n1969. The salary for the office of Attorney General at the time Senator\nSaxbe began his term of office on January 3, 1969, was $35,000, set at\nthat figure by Public Law 89-554, passed on September 6, 1966. S. 2673\nis designed to remove the question of the impact of the quoted constitu-\ntional provision on the nomination of Senator Saxbe to be Attorney\nGeneral of the United States.\nThere are two precedents for the proposed action. First, Lot M.\nMorrill was appointed to serve as Secretary of the Treasury in 1876\nafter having been elected to the Senate in 1871. Cabinet officers' salaries\nhad been raised in 1873 from $8,000 to $10,000 and returned in 1874 to\n$8,000. Senator Morrill's nomination was nevertheless confirmed by\nthe Senate.\nSecond, a measure with the same purpose as the bill under consider-\nation today was passed by the Congress in 1909 in order to permit\nthe nomination of Senator Philander Knox to be Secretary of State.\n(5)\nS.R. 499\nS.R. 499\n6\n7\nSenator Knox had been elected in 1905 for a term expiring on March\n3, 1911. In 1907 the compensation of the Secretary of State had been\nincreased from $8,000 to $12,000. An unofficial opinion of Assistant\nI urge prompt consideration and enactment of this legislation.\nAttorney General Russell commenting on the bill which reduced the\nThe Office of Management and Budget has advised that enactment\ncompensation of the Secretary of State to $8,000 states that the pur-\nof this proposal is in accord with the Program of the President.\npose of the constitutional provision was \"to destroy the expectation\nSincerely,\na Representative or Senator might have that he would enjoy the newly\nROBERT H. BORK,\ncreated office or newly created emoluments.\" 43 Cong. Rec. 2403, Feb-\nActing Attorney General.\nruary 15, 1909. After passage of the remedial legislation, Senator Knox\nwas nominated and confirmed as Secretary of State.\nThe purpose of the constitutional provision is clearly met if the\nsalary of an office is lowered after having been raised during the Sena-\ntor's or Representative's term of office. The Senators and Representa-\ntives know that, because of the constitutional provision, they cannot\nbe appointed to an office with a higher salary than was provided at\nthe beginning of their current term of office, SO the expectation of a\nhigher salary cannot influence their votes on legislation to raise sala-\nries of Federal officers.\nS. 2673 should remove any constitutional question which may be\nraised concerning the appointment of Senator Saxbe to be Attorney\nGeneral of the United States. I urge its early consideration by this\nCommittee and prompt enactment by the Senate in order to facilitate\nconsideration of Senator Saxbe.\nOFFICE OF THE ATTORNEY GENERAL,\nWashington, D.C., November 5, 1973.\nPRESIDENT PRO TEMPORE,\nU.S. Senate,\nWashington, D.C.\nDEAR MR. PRESIDENT PRO TEMPORE: Enclosed for your consideration\nand appropriate reference is a legislative proposal to provide that\nthe compensation and other emoluments attached to the Office of At-\ntorney General are those which were in effect on January 1, 1969.\nArticle I, Section 6, Clause 2 of the Constitution provides: \"No\nSenator or Representative shall, during the Time for which he was\nelected, be appointed to any civil Office under the Authority of the\nUnited States. which shall have been created, or the Emoluments\nwhereof shall have been increased during such time; and no Person\nholding any Office under the United States, shall be a Member of\neither House during his Continuance in Office.\"\nWhen Senator William B. Saxbe of Ohio begain his term of serv-\nice in the United States Senate on January 3, 1969, the salary for\nthe Office of Attorney General was established by P.L. 89-554 (80\nStat. 460, September 6, 1966) at $35,000. On January 15, 1969, the\nPresident transmitted to the Congress pursuant to P.L. 90-206 (81\nStat. 642, December 16, 1967) a recommendation increasing the an-\nnual salary for the Office of Attorney General to $60,000.\nThe accompanying legislation is designed to remove the question\nconcerning the impact of Article I. Section 6, Clause 2 on the Presi-\ndent's nomination of Senator William B. Saxbe to be Attorney Gen-\neral of the United States.\nS.R. 499\nS.R. 499\nDecember 18, 1974\nTo:\nBill Timmons\nFrom: Phil Buchen\nAttached is a copy of a memorandum\npreviously sent to Jack Marsh by\nPhil Areeda. By all means, we should\nsupport the new bill that will repeal\nP.L. 93-178.\nAttachments\nPWBuchen:ed\nLIBRARY GERALD : FORD\nGlad to get call\n(Recogned Consequation, 6.S.)\nAdministration Balina & proportin\nEminence as mAn of LAW\nHR sund lavouth by\nThe bawad -off neaspaper statent\nConTrARY of inglacable apposition\nSaxbe\nLIGRARY GERALD = Ford\nTHE WHITE HOUSE\nWASHINGTON\nDecember 20, 1974\nMEMORANDUM FOR:\nPHIL AREEDA\nMAX FRIEDERSDORF\nJACK MARSH\nBILL WALKER\nFROM:\nDON RUMSFELD\nGeorge Shultz told me that he had called Hruska and Tower about\nLevi. They seemed pleased and reassured. George Shultz wanted\nus to know that he was available to call anyone else we wanted. He\nknows Levi intimately and has the highest regard for him and has a\nvery personal acquaintance with his philosophy and views. I would\nthink he'd be about as valuable a person to assist in your efforts as\nanyone.\nFORD\nGERALD\nLIBRARY\nTHE WHITE HOUSE\nWASHINGTON\nDecember 19, 1974\nMEMORANDUM FOR:\nPHIL AREEDA\nFROM:\nDON RUMSI ELD\nGeorge Shultz told the President that he would call John Tower\nand Roman Hruska strongly supporting Ed Levi. You might call\nGeorge Shultz and get a feel from him as to how the conversations\nwent.\nLIBRARY GERALD FORD\nTHE WHITE HOUSE\nLevi\nWASHINGTON\nNon-Regist\nJury payet\n(EAttand Committee)\nContrib ways\nKalun\nDos material\nche LAKL Ich\n,52 pent Der t toboth one rep\nwife contable the\nSatid by Do ]\nClined for Tople.\nFORD is LIBRARY DERALD\nGinour\nTHE WHITE HOUSE\nWASHINGTON\n/. Inform saxbe\n3. Ask SAYLE for 6th\n2. Inform Sclberman\n4. Clear with India\n5. Announce SAY be\n6. political cledrinum Levi\n8. 7. complict of Interest on Leu\nIntrate FBI on Levi\n9. Announce Levi\nGERALD F. FORM\nEastland. Hruska\nScott. Giften\nPhoto Arends\nN\n1.\n2.\n3.\n1\n/\nSilber\n4.\nAnnonce Sdybe\n5.\n1\nX\n2\nPath l child\n3 PAY bud\nEborg\nFBI After\n1\nq2\n4)\n5\nLevi (conflets)\nGERALD R. FORD 181877\nDr. Levi is 63 - born in\n1911\nRowland Evans and Robert Novak\n12/23/74\nThe Opposition Lines Up Against Levi\nWhen President Ford departed for\nVail's ski slopes, he left behind him a\nmessy dilemma confounding his in-\ntended nomination of Edward H. Levi\nas Attorney General and dramatizing\nthis unpleasant fact: the incompetence\nfactor at the White House persists.\nMr. Ford has widely conflicting ad-\nvice to consider as he slaloms in Colo-\nTHE WHITE HOUSE\nWASHINGTON\nchecks Daly (Haru. Gov Liason\n(V.chi (Hnon. made, he could be\nhelpful in getting somplet\n(\nWilling\nFORD LIBRARY\nTHE WHITE HOUSE\nWASHINGTON\nTom Eacacian\non Leil\nHerb Bergson\nLIBRARY GERALD P. FORD\n27th\n21\nLoul Hrge\nFBI to HR Edotions\nNN\nAnti-Labbying (1973) case\nQERATED LIBRARY\nX\nTHE WHITE HOUSE\nWASHINGTON\nHugo Melvoin\n(312) 782 06.0\nFORD is LIBRARY QERALD\nPeter\nStockett\n8. GERALD LIBRARY\n- - 1\nLevi\nSpecio\nJud. salaris\nFBI\nPardon MXOU other\nPelta 4Prs\nLitight (ITT)\nOveralt\nInfo Request\nPrivary / 2nfo Philip\n(Indurb to see therefuls)\nIncome TAX returns (or Juste\nIncouse\njun -Madism GERALD R. FORD KIBRART\nTHE WHITE HOUSE\nWASHINGTON\nDecember 24, 1974\nMEMORANDUM FOR PHILIP AREEDA\nFROM:\nWILLIAM N. WALKER all\nAttached is a bibliography of articles by Edward Levi which\nhas been prepared by the Library of Congress and is now\ncirculating on Capitol Hill. It was sent to us by a staff\nperson. I thought you would find it interesting.\nAttachment\nGERALE FORD KIBRARY\nEDWARD HIRSCH LEVI\nA Bibliography: l936-l974\n--1936-\n1. With Roscoe T. Steffen. Cases and Materials on the Elements of the Law.\n2nd ed. Chicago: University of Chicago Bookstore, 1938.\n2. With James W. Moore. \"Federal Intervention. 1. The Right to Intervene\nand Reorganization.\" Yale Law Journal 45 (February 1936) : 565-606.\n3. With Friedrich Kessler and Edwin E. Ferguson. \"Some Aspects of Payment\nby Negotiable Instrument: A Comparative Study.\" Yale Law Journal\n45 (June 1936): 1373-1405.\n--1937--\n4. With James W. Moore, joint editor. Gilbert's Collier on Bankruptcy: A\nTreatise on the Law and Practice in Bankruptcy under the National\nBankruptcy Act of 1898. 4th ed. Albany: M. Bender and Co., 1937.\n5. With James W. Moore. \"Bankruptcy and Reorganization: A Survey of Changes.\"\nUniversity of Chicago Law Review 5 (December 1937) : 1-40.\n--1938--\n6. With James W. Moore. \"Bankruptcy and Reorganization: A Survey of Changes\nII.\" University of Chicago Law Review 5 (February 1938) : 219-59.\n7. With James w. Moore. \"Bankruptcy and Reorganization: A Survey of Changes\nIII.\" University of Chicago Law Review 5 (April 1938) : 398-423.\n8. \"The Natural Law, Precedent, and Thurman Arnold.\" Virginia Law Review 24\n(April 1938) : 587-612.\n9. With James W. Moore. \"Federal Intervention: II. The Procedure, Status,\nand Federal Jurisdictional Requirements.\" Yale Law Journal 47 (April\n1938) : 898-943.\n10. \"Corporate Reorganization and a Ministry of Justice.\" Minnesota Law Review\n23 (December 1938) : 3-29.\n1\nLA FORD LIBRA.\n2\n--1944--\n11. \"International Cartels and the Law.\" In War and the Law [the Charles R.\nWalgreen Foundation Lectures], pp. 117-41. Edited by Ernst Wilfred\nPuttkammer. Chicago: University of Chicago Press, 1944.\n12. With James O'Mahoney and Redvers Opie. What Should be British and Ameri-\ncan Policy toward International Monopolies? University of Chicago\nPamphlets, no. 319 (April 30, 1944), pp. 1-22.\n13. With Casper Ooms and Bernard Thiess. Patents and Monopoly. University\nof Chicago Round Table Pamphlets, no. 385 (August 5, 1945), pp. 1-16.\n14. With Andrew Ivy and Harold Urey. What About Science Législation? Uni-\nversity of Chicago Round Table Pamphlets, no. 405 (December 23, 1945),\npp. 1-17.\n--1946--\n15. With Thomas Finletter, Grayson Kirk, and Phillip Morrison. Problem of the\nYear: Control of the Atom. University of Chicago Round Table Pamph-\nlets, no. 407 (January 6, 1946), pp. 1-21.\n16. With Thurman Arnold and Harold Ickes. American Commonwealth Today. Univer-\nsity of Chicago Round Table Pamphlets, no. 415 (March 3, 1946), pp.\n1-16.\n--1947--\n17. With Wilber Katz and Robert Wilson. Patents and Economic Progress. Univer-\nsity of Chicago Round Table Pamphlets, no. 460 (January 12, 1947), pp.\n1-19.\n18. \"Anti-trust Laws and Monopoly.\" University of Chicago Law Review 14\n(February 1948) : 153-83.\n19. With Wendell Berge and James Martin. Are We Against Monopoly? University\nof Chicago Round Table Pamphlets, no. 477 (May 11, 1947), pp. 1-19.\n1948\n20. \"An Introduction to Legal Reasoning.\" University of Chicago Law Review 15\n(Spring 1948) : 501-74.\nAn Introduction to Legal Reasoning. Chicago: University of Chicago Press,\n1949.\nFORD : LIBRARY GERALD\n3\nIntroduccion Al Razonamiento Juridico. Translated and annotated by\nGenaro R. Carrio. Buenos Aires: Editorial Universitaria, 1964.\nAn Introduction to Legal Reasoning. Chicago: University of Chicago\nPress, 1948; Phoenix Books, 1970.\n\"An Introduction to Legal Reasoning [extract]\". In Introduction to Juris-\nprudence, pp. 806-10. Edited by Baron Dennis Lloyd, Lloyd of Hampstead,\n3rd ed. New York: Praeger Publishers, 1972.\n\"An Introduction' to Legal Reasoning [extract].\" In Jurisprudence, pp.\n962-67. Edited by George C. Christie. St. Paul: West Publishing\nCo., 1973.\n[Various excerpts appear in various other casebooks and collections.]\n21. Review of Cases on Federal Anti-trust Laws, by S. Chesterfield Oppenheim.\nJournal of Legal Education 1 (Autumn 1947) : 139-43.\n--1949--\n22. With Melvin G. Pe Chazeau and Joseph C. O'Mahoney. What Should We Do\nAbout Monopoly? University of Chicago Round Table Pamphlets, no.\n565 (January 16, 1949), pp. 1-10.\n23. With Nathaniel Nathanson and Malcolm Sharp. Guilt by Association. Univer-\nsity of Chicago Round Table Pamphlets, no. 573 (March 13, 1949), pp-\n1-19.\n24. With James Bennett, Tom C. Clark, Walter A. Gordon, and Frederick A. Moran.\nPrisons and Parole. University of Chicago Round Table Pamphlets, no.\n586 (June 12, 1949), pp. 1-12.\n25. \"The Effectiveness of the Federal Anti-trust Laws: A Symposium.\" American\nEconomic Review 39 (June 1949) : 703.\n26. With Bernard Meltzer and Frank A. Reel. Were the War Crimes Trials Success-\nful? University of Chicago Round Table Pamphlets, no. 600 (September 18,\n1949), pp. 1-13.\n--1950--\n27. With Roscoe T. Steffen. Elements of the Law. 4th ed. Chicago: University\nof Chicago Press, 1950.\n28. With Thomas I. Emerson, John P. Frank, Alexander H. Frey, and others. \"Segre-\ngation and the Equal Protection Clause.\" Brief for Committee of Law\nTeachers Against Segregation in Legal Education. Minnesota Law Review\n34 (March 1950) : 289-329.\n29. Review of Legal Theory. 2nd ed. by W. Friedmann. New York University Law\nReview 25 (April 1950) : 426-28.\nFORD i LIBRARY SERVICE\n4\n--1951--\n30. Foreword to \"Congressional Investigations--a Symposium.\" University of\nChicago Law Review 18 (Spring 1951) : 421.\n31. \"What Can the Law Schools Do?\" University of Chicago Law Review 18\n(Summer 1951) : 746-55.\n--1952--\n32. Four Talks on Legal Education. Chicago: University of Chicago Law School,\n1952.\nContents: Legal Education Today. The Graduate Legal Clinic.\nWhat Can the Law Schools Do? The Future of Legal Education.\n33. \"Graduate Legal Clinic: Restoring Lawyers' Research Responsibilities.\"\nAmerican Bar Association Journal 39 (March 1952) : 189-92, 255-56.\n34. \"Development of a 'Missing Fundamental.\"\" Illinois Bar Journal 41 (Novem-\nber 1952) : 89-92.\n35. \"Two-level Anti-monopoly Law.\" Northwestern University Law Review 47\n(November-December 1952) : 567-86.\n36. \"The Robinson-Patman Act: Is it in the Public Interest?\" American Bar As-\nsociation Antitrust Section Report 1 (1952-53) : 60-75.\n--1953--\n37. \"The Law School at Mid-Century.\" University of Chicago Law School Record\n2 (January 1953) : 1-2.\n38. Review of Legal Education in the United States, by Albert J. Harno. Uni-\nversity of Pennsylvania Law Review 102 (December 1953) : 369-76.\n39. \"Symposium Review: Galbraith's 'Concept of Counter-vailing Power' and\nLilienthal's 'Big Business. \" Northwestern University Law Review\n49 (May-June 1954) : 139-94.\n--1956--\n40. With A. Director. \"The Law and the Future: Trade Regulation.\" Northwestern\nUniversity Law Review 51 (May-June 1956) : 281-96.\nFORD i LIBRARY\n5\n1957\n41. \"The Monopoly Problem as Viewed by a Lawyer.\" American Economic Review\n47 (May 1957) : 293-302.\n\"The Monopoly Problem as Viewed by a Lawyer.\" University of Chicago Law\nSchool Record 6 (October 1957) : 10-11, 26-28.\n42. Address at a Dinner in Honor of Mr. Weymouth Kirkland on his Eightieth\nBirthday. Chicago: University of Chicago Law School, 1957.\n--1958--\n43. \"The DuPont Case and Section Seven of the Clayton Act.\" Anti-trust Bul-\nletin 3 (January-February 1958) : 3.\n\"The DuPont Case and Section Seven of the Clayton Act.\" In Hoffman's Anti-\ntrust Law and Techniques, Vol. 2, pp. 381-94. Edited by Malcolm A.\nHoffman and Arthur I. Winard. New York: Matthew Bender and Co., 1963.\n--1959--\n44. \"Section Seven of the Clayton Act and the Regulated Industries.\" In How\nto Comply with the Clayton Act, pp. 135-51. New York State Bar Asso-\nciation. Chicago: Commerce Clearing House, 1959.\n45. \"The Political, the Professional, and the Prudent in Legal Education.\"\nJournal of Legal Education 9 (1959) : 457-69.\n46. Review of Market Power: Size and Shape under the Sherman Act, by George E.\nHale and Rosemary D. Hale. Revista Juridica de la Universidad de\nPuerto Rico 28 (March-April 1959) : 333-35.\nReview of Market Power: Size and Shape under the Sherman Act, by George E.\nHale and Rosemary D. Hale. University of Chicago Law Review 25 (Summer\n1969) : 672-73.\n--1960--\n47. \"The Parke, Davis-Colgate Doctrine: The Ban on Resale Price Maintenance.\"\nIn The Supreme Court Review 1960, pp. 288-325. Edited by Philip B.\nKurland. Chicago: University of Chicago Press, 1960.\n\"Parke, Davis-Colgate Doctrine: The Ban on Resale Price Maintenance.\" In\nHoffman's Anti-trust Law and Techniques, pp. 527-612. Edited by\nMalcolm A. Hoffman and Arthur I. Winard. New York: Matthew Bender\nand Co., 1963.\nBERAUB FORD LIBRAST\n6\n1961\n48. \"Legal Education: A Ten Years' Perspective.\" Chicago Bar Record 42\n(February 1961) : 218-24.\n49. \"Frontiers and Future Development in Legal Education.\" In Frontiers in\nLaw and Legal Education, pp. 87-94. Ann Arbor: University of Michi-\ngan Law School, 1961.\n50. \"The Role of thé Law School.\" Yale Law Report 7 (Winter 1961) : 2-6.\n51. Preface to Philosophy of Law and Jurisprudence, by Mortimer J. Adler and\nPeter Wolff. Chicago: Encyclopaedia Britannica, 1961.\n--1962--\n52. Review of The Legal Conscience: Selected Papers of Felix S. Cohen. Edited\nby Lucy Kramer Cohen. Harvard Law Review 75 (June 1962) : 1686-91.\n--1963--\n53. The Nature of Judicial Reasoning. New York: New York Institute of Philoso-\nphy, 1963.\n\"The Nature of Judicial Reasoning.\" University of Chicago Law Review 32\n(Spring 1965) : 395-409.\n\"The Nature of Judicial Reasoning.\" In Jurisprudence, pp. 967-78. Edited\nby George C. Christie. St. Paul: West Publishing Co., 1973.\n--1964--\n54. Review of Society and the Law: New Meanings for an Old Profession, by\nF. James Davis, Henry H. Foster, Jr., C. Ray Jeffrey, and E. Eugene\nDavis. Annals of the American Academy of Political and Social Science\n351 (January 1964) : 196-97.\n55. \"General and Liberal Education.\" University College Quarterly 9 (May\n1964) : 27-32.\n56. Review of Education and the New America, by Solon T. Kimball and James E.\nMcClellan. Harvard Law Review 77 (May 1964) : 1376-80.\n--1965--\n57. \"Memorandum on the College, Part One.\" University of Chicago Magazine 57\n(December 1964) : 2-9.\nGERALD\nLIBRARY\n7\n58. \"Memorandum on the College, Part Two.\" University of Chicago Magazine 57\n(January 1965): 12-17.\n59. \"Law Schools and Universities.\" Journal of Legal Education 17 (1965) :\n243-49.\n\"Law Schools and Universities.\" University of Chicago Law School Record\n13 (Autumn 1965): 12.\n60. \"The Critical Spirit.\" The University of Chicago Magazine 58 (October\n1965) : 2-5.\n\"The Critical Spirit.\" The University of Chicago Law School Record 14\n(Winter 1966).\n\"The Critical Spirit.\" Special Reports: Office of the President, no. 1.\nChicago: University of Chicago Press, 1965.\n--1966--\n61. \"Laird Bell.\" The University of Chicago Law Review 43 (1966-67) : 1.\n--1967--\n62. \"The Role of a Liberal Arts College within a University.\" In The Knowledge\nMost Worth Having. Edited by Wayne C. Booth. Chicago: University of\nChicago Press, 1967.\n63. An Introduction to the College and the University of Chicago. Chicago:\nUniversity of Chicago Press, 1967.\nContents: Chicago: The University and its College. The Role\nof a Liberal Arts College within a University.\n64. The University of Chicago: A Commitment to Reason. Chicago: University\nof Chicago Press, 1967.\n65. Review of Human Law and Human Justice, by Julius Stone. Annals of the\nAmerican Academy of Political and Social Science 369 (January 1967) :\n209-10.\n--1968--\n66. The University and the Modern Condition. Chicago: University of Chicago\nPress, 1968.\n67. \"The University, the Professions, and the Law.\" California 56\n(April 1968): 251-59.\nGERALD\nLIBRARY\n8\n68. \"Inaugural Address.\" University of Chicago Magazine 61 (November-December\n1968) : 4-7.\n69. With Joseph Regenstein, JI., and Robert E. Streeter. \"The Regenstein\nLibrary: Laying the Cornerstone.\" University of Chicago Magazine\n61 (November-December 1968) : 15-16.\n70. Point of View. Chicago: University of Chicago Press, 1969.\nContents: The University and the Modern Condition. The Respon-\nsibilities of the Educated. The Choices for a University. The Uni-\nversity and the Community. The University, the Professions, and the\nLaw. General, Liberal, and Specialized Education. The Role of a\nLiberal Arts College within a University. The Shape, Process and\nPurpose of the University of Chicago. The Seminary and the Univer-\nsity. The Law School within the University. Unrest and the Univer-\nsities. Values in Society: Universities and the Law. The Purposes\nof a University. The Strategy of Truth.\n--1969--\n71. \"Education at the Barriers: the Future is on the Line.\" : Chicago Daily\nNews. June 7, 1969, \"Panorama\" section, pp. 4-5.\n\"Campus Protests, the Educational System, and the Law.\" The Optometric\nWeekly 60 (July 1969) : 31-34.\n\"Dissent, Universities, and the Law.\" University of Chicago Magazine 62\n(July-August 1969) : 8-10.\n72. \"Formal Education. Vital Speeches 35 (July 1969) : 563-66.\n73. \"Chicago President Describes Wake of Ten-Years Program.\" Address delivered\n...\nduring the program celebrating the completion of the Law School\nBuilding at the University of Pennsylvania, Philadelphia. [University\nof Pennsylvania] Law Alumni Journal (Summer 1969).\n74. \"Education and Legal Education.\" University of Chicago Law School Record\n17 (Fall 1969).\n75. The State of the University. Chicago: University of Chicago Press,\nNovember 4, 1969.\n76. \"The University as Custodian of Reason.\" \" In The Great Ideas Today 1969,\npp. 30-39. Edited by Robert M. Hutchins and Mortimer Adler. Chicago:\nEncyclopaedia Britannica, 1969.\n--1970--\n77. \"The Manipulated Society.\" Chicago: University of Chicago Press,\n9 pages.\nBERAL BR.FORD LIBRARY\n9\n78. Challenges to Higher Education, The Neglect of Excellence and Quality.\nChicago: University of Chicago Press, 1970. 9 pages.\n79. \"The Crisis in the Nature of Law.\" Twenty-sixth Annual Benjamin N.\nCardozo Lecture. The Record [of the Association of the Bar of\nthe City of New York] 25 (March 1970) : 121-41.\nThe Crisis in the Nature of Law. Twenty-sixth Annual Benjamin N.\nCardozo Lecture. New York: Association of the Bar of the City\nof New York, 1970.\n80. \"Thurman Arnold.\" Yale Law Journal 79 (May 1970) : 983-84.\n--1971--\n81. \"The Roads and Purposes.\" The University of Chicago Record 5 (January\n1971): 11-15.\n82. The State of the University. Chicago: University of Chicago, February 24,\n1971.\n\"The State of the University.\" University of Chicago Record 5 (March 1971):\n67-73.\n83. \"The Place of Professional Education in the Life of the University.\" Ohio\nState Law Journal 32 (Spring 1971) : 229-39.\n84. \"To the New Undergraduates.\" University of Chicago Record 5 (1971) : 177-\n220.\n85. A Celebration of Leadership. Chicago: University of Chicago Press, 1971.\n11 pages.\n86. Remarks by E. H. Levi at the National 5'nai B'rith 1971 Humanitarian Award\nDinner Honoring B. Edward Bensinger. Chicago: University of Chicago\nPress, 1971. 8 pages.\n--1972--\n87. An Adventure in Discovery. Chicago: University of Chicago Press, 1972.\n12 unnumbered pages.\n88. The Common Endeavor. Chicago: University of Chicago Press, 1972. 8 pages.\n89. The State of the University. Chicago: University of Chicago Press,\nFebruary 25, 1972.\n\"The State of the University.\" University of Chicago Record (March 1972)\n17-25.\nAERALE FORD 6 FIBRAST\n10\n90. \"Discovery and the Individual, the University and Education.\" School and\nSociety 100 (March 1972) : 155-57.\n91. A University of Beginnings. Chicago: University of Chicago Press, 1972.\n9 pages.\n--1973--\n92. The State of the University. Chicago: University of Chicago Press,\nFebruary 23, 1973.\n\"The State of the University.\" University of Chicago Record 7 (March\n1973) : 37-47.\n93. \"Equality through Education.\" Minerva 11 (April 1973) : 157-61.\n94. \"The Collective Morality of a Maturing Society.\" The John Randolph Tucker\nLecture delivered at Washington and Lee University, May 12, 1973.\nWashington and Lee Law Review 30 (Fall 1973) : 399-430.\n--1974--\n95. The Integrity of Universities. Chicago: University of Chicago Press,\n1974. 8 pages.\nThe Integrity of Universities. Los Angeles: Hebrew Union College -\nJewish Institute of Religion in Los Angeles, 1974.\n\"Are We Deserting the Mind?\" Current 161 (April 1974) : 26-31.\n96. \"The State of the University.\" University of Chicago Record 8 (May 1974) :\n83-95.\n97. \"Education after the Cultural Revolution.\" In The Encyclopaedia Britannica\nYearbook 1974. Special Report. Chicago: Encyclopaedia Britannica\n(forthcoming).\n98. \"An Approach to Law.\" Occasional Papers from The Law School, The University\nof Chicago (October 15, 1974): 13 pages.\nLIBRARY GERALD P. FORD\nTHOMAS G. KINDEL\nDorflung. thoanswer required.\n735 SAN JOSE DRIVE, S.E.\nGRAND RAPIDS, MICHIGAN 49506\nDe\nDecember 30, 1974.\nMr. Philip Buchen,\nJefferson Hotel,\n1200 16th, N.W.,\nWashington, D.C. 20036\nDear Phil:\nIt was wonderful to again have you\nand Bunny in Grand Rapids. You both add so\nmuch to any gathering.\nwe can well imagine the long hours and\nfrustrations that you must have, but you should\nget some comfort from the fact that unquestionably\neveryone, who knows you, sleeps a little more\nsoundly because you are one of President Ford's\nclose advisors.\nAs you suggested, I have written to\nSenators Tower, Hruska and Eastland per the\nenclosed copies.\nwith warm good wishes to you and love to\nBunny.\nSincerely yours,\nTom\nB.13.\n1/3\nGERALD avusit : FORD\nTHOMAS G. KINDEL\n735 SAN JOSE DRIVE, S.E.\nGRAND RAPIDS, MICHIGAN 49506\nDecember 30, 1974.\nSenator John Eastland,\nSenate Office Building,\nwashington, D.C. 20501\nDear Senator Eastland:\nAs a member of the N.A.M. and other\nconservative groups before I retired, I am\nextremely concerned to read in the papers that\nthere may be difficulty in confirming the appoint-\nment of Edward Levi as Attorney General.\nI have known Mr. Levi both person-\nally and through members of my family on the fac-\nulty of the University of Chicago. We all have\nthe greatest respect for his outstanding ability\nand integrity. I believe he is the kind of\nperson that the average citizen wants to see as\nAttorney General. He will add strength to the\nFord Cabinet.\nIsam confident that with your prestige\nand reputation for integrity that you can help\nget Mr. Levi confirmed without undue delay.\nRespectfully yours,\nLIBRARY GERALD R. /\nLove\nTHOMAS G. KINDEL\n735 SAN JOSE DRIVE, S. E.\nGRAND RAPIDS, MICHIGAN 49506\nDecember 30, 1974.\nSenator John Tower,\nSenate Office Building,\nWashington, D.C. 20501\nDear Senator Tower:\nAs a registered Republican, and a member of the\nN.A.M. and other conservative groups before I retired, I am\nextremely concerned to read in the papers that there may be\ndifficulty in confirming the appointment of Edward Levi\nas Attorney General.\nI have known Mr. Levi both personally and through\nmembers of my family on the faculty of the University of\nChicago. We all have the greatest respect for his outstand-\ning ability and integrity. I believe he is the kind of person\nthat the average citizen wants to see as Attorney General.\nHe will add strength to the Ford Cabinet.\nThe recent election in Michigan (of a Republican\nGovernor and a Democrat to President Ford's old seat in the\nHouse) shows that the public wants to see men and women of\ncharacter and ability in public office. The trend is for the\nmajority to resent party politics and labels.\nHaving met and heard you when you spoke in Grand\nRapids several years ago, I am confident that you are desirous\nof bringing into government men and women of outstanding\nability and character ... and that you have the prestige to\nhelp get Mr. Levi confirmed without undue delay.\nRespectfully yours,\nLIBRARY GERALD ? FORD\nTHOMAS G. KINDEL\n735 SAN JOSE DRIVE, S.E.\nGRAND rapids, MICHIGAN 49506\nDecember 30, 1974.\nSenator Roman Hruska,\nSenate Office Building,\nWashington, D.C. 20501\nDear Senator Hruska:\nAs a registered Republican, and a member of the\nN.A.M. and other conservative groups before I retired, I\nam extremely concerned to read in the papers that there may\nbe difficulty in confirming the appointment of Edward Levi\nas Attorney General.\nI have known Mr. Levi both personally and through\nmembers of my family on the faculty of the University of\nChicago. we all have the greatest respect for his outstand-\ning ability and integrity. 1 believe he is the kind of\nperson that the average citizen wants to see as Attorney\nGeneral. He will add strength to the Ford Cabinet.\nThe recent election in Michigan. (of a Republican\nGovernor and a Democrat to President Ford's old seat in the\nHouse) shows that the public wants to have in office the men\nand women who are the ablest and, of course, whose honesty\nis unquestioned.\nI am confident that with your prestige and\nreputation for integrity that you can help get Mr. Levi\nconfirmed without undue delay.\nRespectfully yours,\nLIBRERY GERALD ? FORD\nITEM WITHDRAWAL SHEET\nWITHDRAWAL ID 01265\nCollection/Series/Folder ID\n: 001900273\nReason for Withdrawal\n:\nDR, Donor restriction\nType of Material\n:\nREP, Report (s)\nCreator's Name\n: Levi, Edward\nDescription\n:\nConfidential State of Employment\nand Financial Interests.\nCreation Date\n: 12/31/1974\nDate Withdrawn\n: 06/23/1988"
}